The statutes at large, from Magna Charta to ... 1869 ..

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THE

§»mnttsi at tnt^t

FROM THE

15*^ to the ao* Year of King George II.

BY

DANBT PICKERING, of Grav's Inn, Efqi

THE

FRdMTHE ^/

IS* to the ao* Year of King George II.

To which u prefixed,

A TABLE contdning the TITLES of all the STATUTES
during that Period.

VOL. XVIIL

By DANBY PICKERING, of Gra/s-Inn, Efq;
Reader of the Law Ledure to that Honourable Society.

CJMBRIDGEy

Printed fcy JOSEPH BENTHAM, Printerto the UNIVERSITYj
for CHARLES BATHURST, attheCroIs-Keys, oppofite St.Dunftan's
Church in Fleet-Street, L^don. 1765.

CUM PRIFUEGIO.

TABLE of the STATUTES,

Containing the Titles of all fiich Afts as are extant in
print, from the Fourteenth to the Twentieth Year of
King George II.

Anno 15 (sT i6 Georgii IL

Cap. i.T?OR continuing the du-
Jl ties upon malt, mum, cy-
der, and pen^^ in that part of
Great Britain called England; and
for granting to his Majefty certain
duties upon malt, mum, cyder and
perry, in that part of Grutt Britain
called Scotifina^ for the fervice of
the year one thoufand feven hun«
dred and forty two.

Cap. 2. To repeal fo much of an
adt pafled in the laft feflion of par-
liament, intituled, Jn a£f for the
prefervaticn of the pubJick roads in
that part 0/ Great Britain tailed
England, as obliges perfons not
travelling for hire to make ufe of
waggons with wheels bound with
ftreaks or tyre of a certain breadth,
or the faid ftreaks to be faftened
with nails of a certain fize.

Cap. 3. For granting to hi? Majefty
a certain fum out of the finking
fund, towards the fupply for the
year one thoufand feven hundred
and forty two.

Cap. 4. For punifhing mutiny and
defertion; and for the better pay.
ment of the army and their quar-
ters.

Cap. 5. For continuing and making
more eScAual an a(S made in the
feventh year of the reign of his
late majeily King George the Fir(^,
intituled. An a£f for repairing the
road from Wendover to the town of
Buckingham in the county i^Bucks;
and for building a bridge at Pad"
You XVIII.

bury^ and making it t ,^Qunty
bridge.

Cap. 6. For enlarging the temi and
powers granted by two ads of
parliament, one of the eighth year
of the reign of her late msxtttf
Qpeen Anne^ and the other ot the
ninth year of the reign of his late'
maje(^ King George the Firft, for
repairing the hiehwavt between the
houfe commonly called the Horjboi
Houfe^ in the pari(h of 5/^ib G«iV«
ington in the county of Btuks^ and
the town of Northampton^ and the
roiad from the north brieve of
Newport Pagnel in the county of
Bucks^ to thfp Horjhoe Uwfe^

Cap. 7. For enlarging the term and
powers granted by an a£t pafled in
the tliirteenth year of the rdgn oC
his late majeflty King George the
Firft, intituled. An aHfor repairing
the roads leading from the town of
Bromfgrove to the town of Dudlley
in the county of Worcefterj and
from the faid town of Bromfgrove
to the town of Birmingham in the
county of Warwick; fo fiir as th^
£iid a6t relates to repairing theroada
leading from the town w DiuUey to
the town of Bromfgrove in the coun*
ty of Worctfler ; and for making th«
fame more effectual.

Cap. 8. For laying a duty of two
pen/iies Scots ^ or qne iixth part of
a penny fterling, upon every ^ott
pint of ale an,d beer which mall be
brewed for fale, brought into,
tapped, or fold within the town
a of

A TABLE of the STATUTES,

of Kirlcaldy^ and liberties there-
of.

Cap. 9. For enlarging the term and
powers granted by two afts of
parliament, one ot the firft, and
the other of the twelfth jear of the
l^ign of his late majefty King
George the Firft, for repairing the
highways ^between Tyburn and Vx-
bridge in the county of Middkfexi
and for amending the road leading
from Brent Bridge, over Hanwell
Heathy through the pariflics of
Hinwell^ New Brentford, 2nd Eal-
ing, to the great wefhnii road in the
laid county.

Cap. TO. For explaining, amending,
tnd making more effectual two adts
of parliament; one pafled in the
iimth and tenth years of the reign
of bis tote majcfty King fTtUiam
the Third,for ere6Hng workhoufes,
and houfe^ of correlation, in the
town of Kingftdn upon Hull, for the
^mployta^ and maintenance of
the poor there > and the other pafT-
ed in the eighth year of the reign
of her late majefty Queen jinne,
for the more effedual provifion of
the poor in the faid town.

Cap. II. For granting an aid to his
Majefty by a land tax to be raifcd
in Great Britain, for the fcrvice of
the year one thoufand feven hun-
dred atid f^Drty two.

Cap. 12. To explain and amend an
aft paflW in the twelfth year of
his prcfcnt Majefty's rdgn, inti-
tuled. An off to enable the pariflnoners
of Saint Catharine Coleman, in
Fcnchurch Street, in the eity of
London, to rebuild the chureh of the
fold parijbt and for makir^ the
faid a*St more effedual for the pur-
poTcs thereby intended.

Cap. t3- F^r eftablifhing an agree-
ment with the governor and com-
pany of the bank of England, for
advancing the fum of one million
fix hundred thoufafid pounds, to-
t![ard« the fupply for ihe fervioe of

the year one thoufand feten hun-
dred and forty two.

Cap. 14. To explain and amend two
a6b of parliament, one made in
the ninth year of the reign of her
late majefty Queen Anne, intituled.
An a^ for repairing the highways
from Sheet Bridge in the parijh of
Petersfield, to the town of Portf-
mouth in the county of Southamp-
ton; and another a(^ made in the
twelfth year of the reign of his late
majefty King George the Firft, for
enlarging the term in and by the
faid adt granted, and for other pur-
pofes therein mentioned, and for
enlarging the term and powers by
the fajd laft mentioned ad granted.

Cap. 15. For enlarging tlie term and
powers granted by an aft pafled in
the thirteenth year of the reign of
his late majefty King George th«
Firft, intituled. An a^ for repairing
the roads leading from Cirencefter
town^i-end to Saint John*s Bridge
in the county of Gloucefter.

Cap. 16. For continuing the powers
granted by three feveral adls of
parliament, one for repairing the
road from Stump-crofs to Newmar-
kit'heath, and the town of 6tfm-
hridge\ another for repairing the
road from Foulmire to Cambridge j
and the third for explaining, a-
mending, and rendering more ef-
fedual, the faid two former a<5ts;
and for enlarging the terms grant-
ed by the faid two former adts.

Cap. 17. For enlarging the term and
powers granted by an ad pafled in
the feventh year of the reign of his
late majefty King George the Firft,
for repairing the feveral roads
leading from the town of Ledbury
in the county of Hereford, to the.
feveral places therein mentioned;
and for making the faid adt mors
effcAuaU

Cap. 18. To render more efleAual
an ad made in the ninth and tenth
years of the reign of his late ma^

jeft|.

A TABiLEx/ the STATUTES.

jcfty King fHHiam the Third, in-
tituled, AfiMit for iffi^ifig bofpitah
dnd W9rkhtmfis wiihitt the tmvn of
Cokhefter m ihe county of £flex,
for the better employing and maintain^
mg the poor 4hereof,

Cap. iQ« For |niiiting to bis Majefty
the ram of eight hundred thouiland
pounds, to^^raifed by annuities
tnnsfeiTart>Ic «t llie bank of £ng^
iand\ and for afoertaining the cu-
ftoRM and duties upon >quickiilver
taken us prize during the prefent
war; «nd for the further appro-
priating the'fuppHes granted in-this
feffionof parliament.

Cap. 20. To prevent the counter-
tcitif^'of gold and filver lace; and
for leKhng «nd adjufting the pro-
portions df fine filver and*filk; and
for the better making of gold -and
filver thread.

Cap. 21. To indemnify perfons who
have omitted to qualify themfelves
for offices, employments, and pro->
motions, within the time limited
by law, and for allowing further
timeibr that purpofe.

Cap. 22. To exclude certain officers
nrom being members of the houfe
of commons.

Cap. 23. For fecuring to John Byrcm^
mailer of arts, the fole right of
publtfhtng, for a certain term of

J ears, the art and method of (hprt-
and, invented by him.

Cap. 24. To impower the judices of
the peace of a liberty or corpora-
tion, to commit offenders to the
houfe pf correAion of the county,
riding, or divifion, in which fuch
liberty or corporation is fituate.

Cap. 25* To impower the importers
or proprietors of rum or fpirits of
the Britijb fugar plantations to
land the fame before payment of
the duties of -excife charged there-
on, and to lodge the fame in ware-
houfes at their own expence; and
for the relief of Ralph Barrow^ in
Tcfpeft to the duty on fome rock

fait, loft by the overflowing of the
rivers IVeavir and Dane.

Cap. 26. For the better enabling the
commilfioners for building a bridge
crofs the river Thames^ from the
city of ff'ejiminfler^ to the oppofite
(hore in the county of Surrey^ to
finifh the faid bridge, and to per-
form the other trufls repofed in
them, and for enlarging the time
for exchangiRg of tickets unclaim-
ed in the laft lottery for the faid
bridge, and to make provifion for
tickets in the faid lotteiy, loft,
burnt, or otherwife deftroyed.

Cap. 27. For the more efiedual pre-
venting any cloth, or woollen goods
remaining upon the rack, or tent-
ers, or any woollen yarn, or, wool
left out to dry, from being ilolen,
or taken away in the night- time.

Cap. 2S. For tl>e more effedlual pre-
venting the counterfeiting of the
current coin of this kingdom, and
the uttering or paying of faUe or
counterfeit coin.

Cap. 29. For granting to his Majefly
an additional duty on foreign cam-
bricks, imjported into Gr^at Bri-
tain \ and for allowing thereout, a
bounty upon certain fpecies of
Britijh and Iri/b linens exported.

Cap. 20. To prevent the marriage
of lunaticks.

Cap. 31. For further regulating the
plantation trade ; and for relief of
mercKants importing prize goods
from America^ and tor preventing
coUufive captures there; and for
obliging the claimers of vefiels feiz-
ed for exportation of wool, or any
unlawful importation, to give fe-
curity for cofts; and for allowing
Eajl India goods to be taken out
of warehoufes, in order to be clean-
ed and refreflied.

Cap. 32. For preventing the mifchiefs
which may happen by keepitig dan-
gerous quantities of gunpowder in
or near the cities of London and
Weftminfiir.
a a Cap. 33.

A TABLE of the STATUTES.

Cap. 33. To revive feveral a6ls for
the punifhment of perfons deftroy-
ing turnpikes, or locks or other
works ercdkd by authority of par-
liament, and for other purpofes
therein mentioned; and to convinue

' feverai aAs relating to rice, to frauds
in the cuftoms, to the clandeAine
funning of goods, and to copper
oreof the fr/ri/^ plantations; and
for extending the liberty given by
the a<a of the twelfth year of the
reign of his prefcnt Majcfty, for
carrying fugar of the growth of the
Britijh fugar colonies in America^
to (hips belonging to any of his
Majefty's fubjedls refiding in Great
Britain^ and navigated according
to law; and for the more eflfedtual
preventing the cutting of ftar or
bem.
- Cap. 34. To explain an aA made in
the fourteenth year of the reign of
his prefent Majefty, intituled. An
q6I to render the laws more effectual
for preventing the Jiealing and de-
firoying of Jheep and other cattle.

Cap. 35. To continue feverai laws
tor the encouragement of the mak-
ing of fail cloth in Great Britain^
and of the filk manufactures of
this kingdom; and for allowing a
drawback on the exportation of
copper bars ; and to explain a claufe
of an adt made in the lad fefllon of
parliament, to prohibit the expor-
tation of corn, and other things
therein mentioned; and to give
further time for the payment of
duties omitted to be paid for the
indentures and contra<hs of clerks
and apprentices.

Private ASs.

Anno. 15 W 16 'Georgii 11.

1. An a<ft to enable Alexander Popham
efquire, and his heirs, to take and
uie the furname of Luf combe ^ ac-
cording to tha dire^ons of the lail

will and teftament of Richard Luf-
r^wi^ efquire, deceafed.

2. An aA for naturalizing John
Chrijioph Gohl^ Ham Bardiwieck^
and others.

3. An a(ft for confirming and efta-
bli(hing certain articles of agree-
ment and an indenture between
the right honourable Francis earl
Godolphin and the dean and chapter
of Ely^ for making a partition and
divifion of a cenain heath, or
heath-ground, in the county of
Cambrtdgej and for rendering the
fame agreement and indenture
more effeftual, for the purpofes
therein mentioned.

4* An ad for diflblving and difan**
nexing from the crown, and the
patrimony thereof, the earldom of
Orkney^ and the lord(hip of Z//-
landi and for veiling the fame irre-
deemable in James earl of Morton^
and his heirs, difcharged from any
power or right of redemption in
his Majefty, his heirs or fucceflbrs.

5. An aft for veiling the fettled eftate
of Henry lord Montfort^ in the
county of fVorceJler^ in truftees, in
trud to fell the fame, and to lay
out and apply the money arifing
by fucb fale, in the purchafe of
lands and hereditaments in the
counties of Cambridge and Suffolk,
or one of them.

6. An ad for explaining a claufe con-
tained in an ad made in the ele-
venth and twelfth year of the reign
of his late majefty King William
the Third, int.tuled, An a£f for
granting an aid to his Majejly by fale
of the forfeited and other ejlates and
interejls in Ireland, and by a land tax
in England, for the feverai purpofes
therein mentioned^ whereby feverai
grants made by his Majefty to Sir
Thomas Prendergaft baronet, deceaf-
ed, of feverai lands, tenements,
and hereditaments, part of the faid
forfeited eftates and intcrefts in Ire-
land, were ratified and confirmed.

7. Aa

A TABLE of the STATUTES.

^. An a6t to enable Sir Ckment Cot^
trell knight, and other the devifees
of the real eftate of lieutenant ge-
neral Janus Dormer deceafed, to
take and uTe the furname of Dor^
mer^ purfuant and according to the
tenor and purport of the will of
the faid James Dormer.

8. An z6t for making the exemplifi-
cation of the laft wills of John
Pigott the elder, late of Brockley in
the count]^ of Somerfet efquire, and
of John P//tf// efquire, his fon, evi-
dence in all courts of law and equi-
ty in Great Britain and Ireland ^
and to enable John Biggs Pigott
efquire, formerly called John Biggs^
and his progeny and defcendants,
to take and ufe the furname and
arms of P/]^^// only, purfuant to the
will of the faid John Pigott the fon.

9. An aft to enable John Rolle efquire,
and his heirs, to take and ufe the
furname and arms of PP^aher^ ac-
cording to the dire<ftion of the laft
will and teftament of Sir Robert
tfalter hsuronet^ deceafed.

10. An aft to enable Btukland Blue/t
eiquire, and his heirs, to take and
ufe the name of Nutcombe^ accord-
ing to the fettlement made bv
lUcbard Nutcombe efquire, deceafecl.

11. An aft for naturalizing John
Boucher.

IX. An aft for naturalizing I/aae
Nicholas Duqueruy^ and Michael
Henry Daqueruy^ and others.

13. An aft for the more effeftually
carrying into execution certain ar-
ticles of agreement' made before
and in cooperation of the marriage
of the honourable Philip Torke ef-
quire, with the moft honourable
Jemima marchionefs Grey; and for
other purpofes therein mentioned.

14. An aft to enable George Warren
efquire, his heirs and afllens, to
make a iluice or tunnel through
part of the glebe belonging to the
^eftory of Stockport^ in the county
fifCh^er^ and to ufe and enjoy the

fame, for conveying water to Stock*
port mills.

15. An aft for making articles of
agreement entered into by Amos
Meredith efquire, and Johanna his
wife, as well io her own behalf as in
behalf of their feven children, all
infants, and by Thomas 4fl^yon ef-
quire, in behalf of his fon an in-
fant, touching the partition of the
eftate of Rjobert Chofmondeln^ late of
Holford in the county 01 Chefter^
efquire, deceafed, now remaining
unfold, obligatory on the faid in-
fants, and rendering the faid par-
tition effeftual and binding to all
parties.

16. An aft to eftablifti and confirm
articles of agreement relating to
the tithes and certain glebe lands,
within the parifti of Leigh^ in the
county of IVorceJler.

17. An aft to enable Percy Wyndham
efquire, and other the devifees of
Henry earl of Thomond and vifcount
Tadcajter^ deceafed, to take and ufe
the furname of Obrien^ purfuant to
the will of the faid earl of Thomond
and vifcount Tadcajler.

18. An aft for enabling WilUam Mor^*
den efquire, and his heirs male, to
take and ufe the furname and arms
of Harbord^ purfuant to the ddire
of Harbord Harbord eiquire, de-
ceafed.

IQ. An aft for exemplifying the laft
will of Arthur^ late earl oXAnglefey^
and for making the fame evidence
in all courts of law and equity in
Great Britain and Ireland.

20. An aft for naturalizing Daniel
Beaufort^ John Girardot de Chun^
courts and John Cahuac.

21. An aft for the (ale of certain
pieces or parcels of ground, mef-
fuages, and buildings, at Park*
placif in the parifti of Saint James^
in the county pf Middle/ex^ part of
the fettled eftate of Charles duke of
Grafton\ and for fettling other lands
to the fame ufes, in lieu thereof,
33 22. An

A TABLE of the STATUTES.

12. An aft for repealing a power
in the marriage fettlement of Tho^
masivktofLeedSymthMaryYiisnovr
wife, and for creating a new power
inftead thereof; and for other pur-
pofes therein mentioned.

f 3. An adi for the fale of two dofes
of meadow ground in fFefi Harnam
m the county of TVtltSj being the
fettled cftate of John HomCy unto
the right honourable Henry earl of
Fembtoie^ and his heirs; and for lay-
ing out the money arifing by fuch
fale, in the purchafe of another
eihte, to be fettled in lieu thereof.

f4. An ad! to im power Henry earl
of Carlijle to make leafes of coal
mines and coal works, lying with-
in his fettled eftates in the county
of Northumberlandj for any term
tot exceeding ninety nine years.

15. An adt for vefting ali the manors,
towns, land?, chiefries, fee-farm
rents, and other hereditaments
whatfoever, in the fevera! counties
of Low thy Meathy and Sligoey and
elfewhere, in the kingdom of he-
Jandy late the eftate of Francis earl
of Carlingfhrdy deceafed, in truftees,
to be fold for the payment of his
debts, and other the purpofes there-
in mentioned.

j6» An adt for veftrng the feveral
caftles, manors, towns, lands, and
hereditaments of Mountaguey lord
vifcount Blundilly in the county of
Downe in the kingdom of Irekndy
in truftees, for raifing fafter the
death of the fold vifcount) the fum
of ten thoufand pounds for the
portion of Marjy lady Raymondy
his daughter; and for other pur-
pofes therein mentioned.

^. An a<a to enable James Cavendijh
efquire, commoDiy called lord
James Covendijhy to take in Great
Brttainy the oath of office, as au-
ditor general of his Majerty's re-
venues in the kingdom of Irelandy
and to qualify himfelf for the en-
joyment of the faid oflxce.

28. An adt to prevent Sir Job Brootr
baronet, a lunaiick, from marrying
during his lunacy.

29. An adt for confirming certain
eftates in the county of Hertfordy
heretofore mortgagee by Sir Charles
Bucky baronet, deceaftd, to the tru-
ftees of Futke Greville efquire, dur-
ing his minority, to him and his
faid truftees, difcharged from the
equity of redemption, which the
infant fon and heir of the faid Sir
Charles Buck now hath therein, and
in full fatisfadiion for principal and
intercft due thereon; and for other
purpofes therein mentioned.

30. An adl to impower the truftees
named in the will of Sir fTilliam
Po'e baronet, deceafed, to make
leafes of part of his eftate, during
the minority of his fon Sir John
Pole.

Ji. An adl for vefting part of the
marriage portion of Maryy late
wife of John IValcot efquire, and
alfo part of his fettled eftate in tru-
ftees for raifing money to pay debts;
and for fecuring an equivalent for
the fame, for the benefit of his heir
male.

32. An adl for fale of feveral fettled
eftates of IValter Radcliffe efquire,
Jving in the county of Devon \ and
for laying out the monies arifing
from fuch fale, in the purchafe of
other lands in the faid county of
Devony of equal value, to be fettled
to the lame ufes, in lieu thereof.

33. An adt for fale of certain eftates
of Valentine Knightly efquire, in the
county of Northampton \ "and for
fettling another eftate in the fame
county, to the fame ufes, in lieu
thereof. ...

34. An adl for vefting the fettkd
eftate of Michael Harvey efqurrc,
in the coimty of Leicejlery in tru-
ftees, to be /old ; and for applying
the money arifing by fuch fale for
difeharging the incumbrances af-
fcdling his eftate in the comity of

Surrey I

.A TABLE of the STATUTES.

Smrtfi »d for fettling that eftate
in lieu of the Leicejlirjhir^ eftate,
and to the Cune ufes.

35. An z& for confirming a convey-
ance from the furviving truftees of
the charity eftablifhed by the will
of John Bintfy efquire, deceafed,
of the undivided fixth {Mut of FUk-
£t^s Fteld^ in the county of Mddie-
Jtx^ to the furvivine affignees under

the commiiTion ot bankruptcy a-
. warded againft William Ummondy
late of Cmnge AUey^ Londm^ gold-
fmith and banker^ deceaied.

36. An Z&, for fettling ^rtain mef-
fua^, landa, and herediuments,
m Ureat Driffisld^ in the county of
Jiri, part of the eftate of James
Manuely late of New Mahon in the
fame county, deceafed, to the ufes
mentioned in certain articles of ^o
greement made between the widow
aod the daughters and coheirs of
the faid J&hn Manuil.

37. An a& for vefting part of the fet-
tled eftate of Robert Lucas eiquire,
and Afary his wife^ in truftees, to
be ibid; and for applying part of
the money arifing by uich faJe, in
the purchafe of an eftate contract-
ed for, in order to be fettled toge-
ther with other lands of the iaid
RAere Ltuas^ as an equivalent for
the faid fettled eftate, and to the
like ufes.

38. An aA to enable William Nortbey^
an infant, to fettle the lands^ tene-
ments, and hereditaments in the
county of WiltSy for the benefit of
himfelf, and any woman he (hall
marry, and their ifTue, notwith-
ftanding his infancy; and for other
purpofes therein mentioned.

39. An ad for dividing and indofing
the common fields, land, waftes,
and unindofed groui>ds within the
manor and parilh of Wotim Under-
weedy in the county oi Bucks \ and
for the making efiedual certain
exchanges therein mentioned.

46. An s^ for confirming and efta-

Uiftiing an exchange agreed to be
made of certain lands in the parifli
of Suttm in the county of Bedford^
between Sir Roger Burgoyne^ ba-
ronet, lord of the manor, and doc-
tor Crafty redkor of the church of
Suttefiy in order to promote and
facilitate the inclofure of the com-
mon fields and common grounds
in the faid parilh ; and for iecuring
to the faid redtor an equivalent fof
his tithes arifing in the faid parifti
of Suttm.

41. An a£l to enable John Dafitmcd
and William Paym efquires, and
their refpe(5li ve iftue male, and other
the devifees of the eftate of Jehn
Kingy doctor in divinity, deceafed,
to take and ufe the furname of JiC/;7^
only, according to the direction of
the codicil to the will of the jfaid
do49or King.

42. An a<5t for dividing and indofing,
fetting out and allotting,certain com-
mon fields and inclofures, within
the manor and parifti of J/ion^
Cantlow in the county of Warmck.

43. An a<£t for fale of the eftates late
of James Waljingham efquire, de-
ceafed, lying in the counties of
Surreyy EJpXy Norfolk^ and Cam^
bridge y for raifing money to difcharge
the incumbrances affe<5ling the
fame, and other purpofes therein
mentioned.

44. An a(£l for fale of part of the
eftates of Edward Bayntun Rolt
efquire, to raife money for the pay-
ment of debts afteding the fame,
and of portions for his younger

• brothers and fifter, charged there-
on by the fettlement of their uncle
John Bayntun efquire, deceafed, and
for other purpofes therein men-
tioned.

45. An aft to enable John Prohyn
efquire, lately called John Hapkinsy
and his defcendants, to take and
ufethcfurnamcof Pr^*y/i, purfuant
to the will of Sir Edmund Probyn
knight) deceafed.

a 4 46. An

A TABLE of the STATUTES.

i6. An aft for naturalising Piter
IbytiH.

Anno 16 Georgii II.

Cap. I. For granting an aid to his
Magelly by a land tax to be raifed
in Great Britain^ for the fcrvice of
the year one thoufand feven hun-
dred and forty three.

Cap. 2. For continuing the duties
Upon malt, mum, cyder, and per-
ry, in that part of Great Britain
aW^. England \ and for granting
' to his Majefiy certain duties upon
inaJt, mum, cyder, and perry, in
that of Great Britain called Scot"
landj for the fervice of the year one
thoufand feven hundred and forty
three.

Cap. 3* For repairing the road from
Bows .in the county of York to
Brough under Sfainmore in the coun-
ty of JVeJimoreland.

Cap. 4* For enlarging the term and
powers granted by an adt pafled in
the firft year of the reign of his
prefent Majefty for the more effec-
tual amending the highway be-
tween Hockliffe and Woburn m the
coumyof Bedford^ and for repair-
ing the road leading through IVo-
hum to Ttxfcrd Bridge in Newport
Pagnel in the county of Bucks.

Cap. 5. For enlarging the term and
powers' granted by an aft paiTed in
the thirteenth year of his late ma-
jefty King George the Firft, inti-
tuled. Ah aS! fir repairing the fevc-
ral roads leadmg from the town of
Warminfter in the county ^/ Wilts.

Cap. 6. To enable the prefent and
luture proprietors and inhabitants
of the houfes in Charterhoufe Square
in the county of Middle/ex^ to naake
a rate for raifing money effeftually
to inclofe, pave, watch, clean, and
improve the faid fquare, and to
continue the fame in repair.

Cap. 7. For repairing the high road
^om Borough Bridge in the cpunty

of Torky to Catherick in the fame
county, and from thence to Piers
Bridge on the river Tees.

Cap. 8. For repealing certain duties
on fpirituous liquors, and on li-
cences for retaling the fame, and
for laying other duties on fpiritu-
ous liquors, and on licences to re-
tale the faid liquors.

Cap. 9. To enable the pari(hioners
of the parifh of Saint Botolpb with-
out Aldgatey in the city of London^
to raife a certain fum of money, for
payment of debts already contraft-
ed for the relief and maintenance
of the poor of the faid parilh.

Cap. 10.. For repainng the roads
leading from Marlborough through
Pfyi Kennet to ShepperSs Shordi
and from the Hare and Hounds in
BechhamptoUj to the top of Cherill^
Hill'y and from the town of Ave^
bury to the crofs-way at Beckhamp^
ton in the county of fVilts.

Cap. II. To explain and amend the
laws touching the eleftions oif
members to ferve for the commons
in parliament, for that part of
Great Britain called Scotland^ and
to reftrain the partiality, and r^u-
late the conduft of returning offi-
cers at fuch eleftions.

Cap. 12. For repealing the feveral
rates and duties upon viftuallers
and retailers of beer and ale, with-
in the cities of London and JVeJf^
minjler^ and the weekly bills of
mortality; and for transferring the
exchequer bills unfatisfied there-
upon, to the duties for licences
to fell fpirituous liquors and ftrong
waters by retail; and alfo for en-
abling his Majefty to raife a certain
fum of money for the fervice of the
year one thoufand feven hundred
and forty three, to be further
charged on the faid duties for li-
cences.

Cap. 13. For ralfmg by annuities and
a lottery in manner therein men-
tioned, the fum of one million

eight

A TABLE of the STATUTES.

^ght hundred thoufand pounds,
at three pounds per antum per an-
num^ for the fcrvicc of the year
one thoufand feven hundred and
forty three.
Cap. 14. To puniih mutiny and dc-
fertion; and for the better payment
of the army and their quarters.
Cap. 15. For the more oJy and ef-
&%ual conviction of offenders
found at large Mfithin the kingdom
of Great Britain^ after they have
been ordered for tranfportatiop.
Cap, 16. For enlarging the term and
powers granted by an adt pafled in
the fixth year of the reign of his
prefent Majefty, intituled, Anaii
for the more ene&ml repairing the
roads leading from Wade's Mill in
the county of Hertford, to Barley
and Royfton in the f aid county.
Cap. 17. For the relief of infolvent

debtors.
Cap. 18. To empower juftices pf the
peace to a6t in certain cafes, relat-
ing to parifhes and places, to the
rates and taxes of which they are
rated or chargeable.
Cap. 19. For enlarging the term and
powers granted by an a(5t pafled in
the tenth year of^ the reign of his
late majefty King George the Firft,
intituled, Jn a& for repairing and
ammding the bighvays from the
north part of Hzxlovi-hMtti common
in the parijb of Harlow to Woodford
in the county of Eflcx.
Cap. 20. To explain and amend an
aft pafled in the twelfth year of
the reign of his prefent Majefty,
for repairing the road from the
Dun Cow in Dunchurch^ to Hiltmor^
ton in tlie county of Warwick^ and
from thence to Saint Jameses End
in the town of Northampton.
Cap. 21. For cont'muing and making
more effedtual an aft pafled in the
ninth year of the reign of his late
majefty King George the Firft, for
repairing the highways from the
city pf &ou(eJier to the top of

BirdUp'HiU^ being the road to
London ; and from the foot of the
faid hill to the top of Criclley-Hill^
bein^ the road to Oxford.
Cap. 22. For repairing the road lead*
ing from the town of Cireneefter in
the county of Glomefter^ to a place
called the Monument upon Lanjdotvn
in the fame county.
Cap. 23. For continuing an aft made
in the thirteenth year of tb^ r^ign
of his late majefty King George the
Firft, intituled. An a^ for amend'
ing and repairing the roads from
Luton in the county of Bedford, t$
Weftwoodgate in the faid county^ cfnd
for repairing the roads from Luton
to Saint Alban's in the county of
Hertford. "^

Cap. 24. For reftifying miftakes in
the names of the commiflioners
for the land tax for the year, one
thoufand feven hundred and iforty
two, and for the appointing other
perfons, together with thofe named
for the faid year, to put in execu-
tion an aft of this prefent feflkmof
parliament, intituled. An aSt for
granting^ an aid to his Majefty hy a
'"reatfiriti

land tax to be raifed in Great firitain^
for the fervice of the year one thou^'
f<ind feven hundred and forty three.
Cap. 25. For granting to his Majefty
the (um of one million out of*^ the
(inking fund, and for applying a
further fum therein mentioned, for
the fervice of the year one thoufand
feyen hundred and forty three; and
for the further appropriating the
fupplies granted in this feflion .of
parliament.
Cap, 26. For continuing feveral laws
reliuipg; to the allowance upon. the
exportation of Britijh made gun-
powder; to the importation of
naval ftprcs from the fin/(/*colonic8
in America \ to the additional num-
ber of one hundred hacknev chairs;
and to the powers given for re^u*
lating hackney coaches and chairs ;
for puniftiing thp yenders of unr

A TABLE of the STATUTES.

ftamped news papers; for allow-
ing the importation of hemp or
ftucmanufadturcd in Irflandythough
not fworn to be of the growth of
Ireland I and for the relict of jBry^/i
Bbindilly in refpc<ft to the duty on
fotne white fait loft in a ftorm at
fea.
Cap. 27. To continue an aA made
in the fifth year of the reign of his
prefent Majefty, intituled, An aei
U pnvent the committiug of frauds
kf bankrupts.
Cap. 28. To make the hamlet of
Bttbnal Green in the pari(h of Saint
Dunftan^ Stepney^ in the county of
Miadkfex^ a feparate and diftindl
pariflt, and for ereiSting a parifti
church therein.
Cap. 29. For allowing carts to be

drawn with four horfes.
Cap. 30. To indemnify perfons who
have omitted to qualify themfelves
for offices and employments within
the time limited by law, and for al-
lowing further time for that purpofe;
•nd alfo for amending fo much of
an aA made in the twenty fifth year
of the reign of King Charles the
Second, intituled. An a6f for pre^
venting dangers which may happen
frem popijh recufants^ as relates to
the time for receiving the facrament
of the Lord's fupper now limited
by the faid adt.
Cap. 31. For the further punifhment
of perfons who (hall aid or affifl:
prifoners to attempt to efcape out
of lawful cuftody.
Cap. 32. For allowing further time
ror the inrolment of deeds and
wills made by papifts, and for relief
of proteftant purchafers, devifees,
and lefies.

Private Alls.

Ammo i^ Georgii IL

1, An act for naturalizing Daniel

FialarSi Peter Thomegaj^ and others.

%. An a(5^ for veiling divers lands

and hereditaments in SturtoM and
fValhringhamy in the county of
Nottingham^ entailed by the will of
Evefyn late duke of Kin^ony de-
ceafed, in Evelyn now duke of
Kingjion^ in fee fimple, difcharged
of the ufes, trufts, and limitations
of the faid will; and for fettling in
lieu thereof, other lands and here-
ditaments, of greater value, to the
like ufcs.

3. An ad for confirming and efta-
blifhing a partition, made between
the coheirs of the late marquifs of
Halifax^ ot divers eftates therein
mentioned, and other purpofes in
this a<5t exprefTed.

4. An ad to empower two of the
truftees named in the marriage of
fettlement of the late lord Petn^ de-
ceafed, to grant leafes, without the
concurrence of the other truftee
named in the faid fettlement.

5. An ad for rcftoring Fronds duke
of Buccleughj to the dignities and
titles of carl of Doncajler and baron
Scot of lindal

6. An ad for exchanging part of the
elebe lands and hereditaments be-
longing to the vicarage of Nuneaton
in the county of ff^arwidy for the
redorial tythes, and cenain lands
in the parifli of Nuneaton^ belong-
ing to the impropriator.

7. An ad for fale of the manor of
Bath'hampton^ being the eibte of
Charles Bolder efquire, for payment
of incumbrancesafFeding the fame,
and for other purpofes therein
mentioned.

8. An ad for making perpetual an
agreement for the excliange of
lands for tithes made between Eve^
lyn Chadivicle efquire, lord of the
manor of tf^cjl Leak in the county
o( Nottingham^ and Granville lybeeU
/r dcrft, redor of the parifh phurch
there.

9. An ad to enable truftees named in
the fettlement and will of Robert
Trefufis efquire^ deceafed, during

tb9

A TABLE of the STATUTES.

the minority of his Ion Roitrt Cst-
tm Trefujisj to make leafes of part
of his efbte in the county of Cortt'
wall.

10. An adk for impowering TTwnas
Fitzherbirt the younger, efquire, to
make jointures during the life-time
of Thmas Fitxbertbirt efquire, his
father, and alfo to grant a nnuiti^s to
his young|er fons, in fuch manner
as is therein mentioned.

1 1 . An aA for fale of the fettled eftates
of fyiKdm Gofi etquire, deceafed,
in the county of Middlefix and city
of London^ for payment of his debts
and )egacie9 ; aiid for rendering a
power, contained in his will, more
effeanal.

r2. An aA for enabling Thomas Gape
and Jofepb Gape efquires, to make
jointures, and leafes, of the eftates
devifed to them refpeAively by the
will of ff^fliam Gape efquire, their
hte father, deceafed.

13. An adt to impower Anna Norris
widow, mother and guar4ian to
John Nerris an infant, to grant one
or more building leafe or leafes of
certain mefluages, and a piece or
parcel of ground in Fenchurch-Jlreetj
m the pari(h of Saint Benedi^y
Gracethurcby London.

14. An aA for dividing and inclofing
certain common fields within the
parifli of Great Brington in the
comity of Northampton,

15. An aA for confirming and ren-
dering more effeAual certain arti-
cles of agreement, and an award,
for inclofing and dividing certain
common fields aiKl com mon downs,
within the manor and parifh of
Jfhn Tirrold in the county of
Berks.

x6. An aA for the inclofing and di-
viding the common fields and wafte
grounds, lying within the manor
of Dummery in the parifh of Dww-
mer^ in the county o( Southampton.
17. An aA for confirming, elhiblilh-
' ing, and making efTeAuri certain

articles of agreement mado ani
entered into for inclofing and di-
viding feveral common fields lying
in Earley^ in the parifli of Soning
in the county of Berisy and for ex-
changing feveral ancient indofures
in Barley aforefaid.

18. An aA for inclofing and dividing
the common or moor called Ehjing*
ton Moory within the manor and
parifli of Eltfittgton in the county of
York.

19. An aA for making the exemplifi-
cation of the fettlement made by
James earl of AngUfeay on his mar-
riage with Katharine now ducheft
dowager of Buckingha^jbiri and
NorTnanbyy evidence in all courts of
law and equity in Great Britain uid
Ireland.,

20. An aA for making the exemplifi*
cation of the lail wOl of Henry late
earl of Thomond sind vifcount Tad--
cajlery evidence in ail courts of law
and equity in Great Britain and /r/-
land.

21. An aA for vefling the remainder
in fee ot feveral lands in Ireland^
the eilate of Arthur PlunkeU efouire,
in truflees,in order to fell fuch lands
to proteftant purchafers.

22. An aA to enable Hetuy Willis
efquire, now called Henry Compton^
and his iiTue male and defcendants,
to take and ufe the fumame of
ComptoHy purfuant to the will of
Eleanor Bave widow, deceafed.

23. An aA to enable Edward Rookes
efquire, to take and ufe the fumam«
of Leedes only, purfuant to the lail
will and teftament of Robert Leedes^
late of North Milforth in the coun-
ty of Torky efquire, deceafed.

24. An aA to enable Creole Bellamy
efquire, to take and u(e the furnamo
of Crayle.

25. An aA for vefling in John Ehncb
efquire, the fole property of an en<«
gine for making fione pipes, and
to enlarge the term granted by fet-
ters patent for that purpofe.

26. Aa

A TABLE of the STATUTES.

26. An a& for naturalizing John
BoMoHy and Swain Rofe.

27. An aa for naturalizing Paul
Terras^ John Godfrey Zurborji^ and

' others*

28. An aft for naturalizing Janus
Serces clerk.

29. An zSt for (ale of a tenement,
adjoining to Northumbirland Houfe
in the Strand, part of the eftate of
Sir tFilKam Dodwell knight, de-
ceafed; and for laying out the mo-
ney arifing thereby in the purchafe
of lands, to be fettled to the fame
iifes.

30. An aft for vefting divers lands
and hereditaments in Ravenfmrth
and Whajhton^ in the county of
Yorly in Andrew Perrot gentleman,
difcharg^ of the ufcs and trufts
rfthc marriage fettlement of James
Cooii the younger, and for fettling
in lien thereof other lands and he-
reditaments, of greater value, to the
fame ufes.

31. An aft for cflabliftiing an agree-
ment between Margaret Savage
fpinftcr, and Elizabeth Byrthe wi-
dovir, two of the daughters and co-
heirs of Thomas Savage efquire, de-
ceafed, relating to the fettlement
and difpofition of the real and per-
f(mal eftate of the faid Thomas Sa-
vage.

Anno 17 Georgii II.

Cap. t. For granting an aid to his
Majefty by a land tax, to be raifed
in Great Britain^ for the fervice of
the year one thoufand feven hun-
dred and forty four.

Cap. 2. For continuing the duties
upon malt, mum, cyper, and per-
ry, in that part of Great Britain
called England 'y and for granting
to hit Majefty certain duties upon
malt, mum, cyder, and perry, in
that part of Great Britain called
Scotland^ for the fervice of die v^ar

one thoufand fcven hundred and
forty four.

Cap. 3. To oblige overfeers of the
poor to give publick notice of
rates made for the relief of the poor,
and to produce the fame.

Cap. 4. For enlarging the term and
powers granted by an aft paflcd in
the third year of the rei^n of his
prefent Majefty, for repairing and
widening the road from that part
of Chatham which lies next, to the
city of Rochejter^ to Saint Dunftan^s
Crojs near the city of Canterbury in
the county of Kent.

Cap. 5. To amend and make more
effeftual the laws relating to rogues,
vagabonds, and other idle and dif-
orderly perfons,.and to boufes of
correftion.

Cap. 6. To impower his Majefty to
fecure and detain fuch perfons as
. his Majefty ftiall fufpeft are con-
fpiring againft his perfon and go-
vernment.

Cap. 7. For taking and fwearing af-
fidavits to be made ufe of in any of
the courts of the county palatine of
Lancajier.

Cap. 8. To prevent the committing
of abufes in the weighing and pack-
ing of butter, in the town and
borough of 'New Malton^ in the
county of Tori.

Cap. 9. For repairing and widening
the road leading from a place called
Harlow Bujb Common^ in the parifh
or Harlow in the county of EJfexj
to Stump Crojsj in the parifh of
Great Chefler/ord in the faid county.

Cap. 10. For enlarging the term and
powers granted bv an aft pafled in
the fourth year of the reign of his
prefent Majefty, for repairing the
road leading from Chapel on the
Heath in the county of Oxon^ to the
quarry above Bourton on thf Hill in
the county of Gloucejier.

Cap. II. For raifing and eftabliftiing
a fund for a provifion for the wir

. (1<>WS 9nd children of the minifters

■ 'Pf

A TABLE of the STATUTES.

of the church of Scotland^ and of
the heads, principals, and mafters,
of the univeriitiesr of Saint AndrewSy
Glafg&w^ and Edinburgh.

Cap. 12. For enlarging the term and
powers granted by an ad pafled in
the third year ot the reim of his
prefent Majefty, intituled. An a£t
/ir repairing tte roads leading from
agate eatted Shipfton Toll-gate, at
Brkige-town, m the parijb of Old
Stratford, in the county of Vf?x^\L}L^
through Alderminfter and Shipfton
upon Stower, to the top of Long
Cfonipton Hill in the /aid county,
and to make the fame more effec-
tual.

Cap. 13. For continuing the term and
powers granted by an aft paflTed in
the firft year of his prefent Maje-
fty*s reign, intituled. An a^for re*
pmring and amending fever al roads
leading to and from the borough of
EveOiam in the county of VfoxctAtv ;
and for making the fame more ef-
fedual.

Cap. 14. For continuing and enlarg-
ing the term and powers granted
by an aft pafled in the third year
ot the rei^nof his prefent Majefty,
for repairing the road leading from
Galley Corner, adjoining to Enfield
Chace, in the parifh of ^outh Mims
in the county of MidJlefex, to Lems^
ford Mill in the county of Hertford,

Cap. 15. For the fpeeay and effec-
tual recruiting of his Majefty's
land forces and marines, for the
year one thoufand feven hundred
and forty four.

Cap. 16. For punifhing mutiny and
dcfertion; and for the better pay-
ment of the army and their quar-
ters.

Cap. 17. For granting to his Maje-
fty tne furplus or remainder of the
monies arifen, or to arife by the
duties on fpirituous liquors, grant-
ed by an aft of the laft femon of
parliament; and for explaining
aAd amendiiDg ti|e faid aft- in rela-
a

tion to the retailers of fuch liquors ;
and for eftablifhing an agreement
with the united company of mer-
chants of England trading to ilie
Eaji Indies.

Cap. 18. F.or railing by annuities, and
a lottery, in manner therein men-
tioned, the fum of one million
eight hundred thoufand pounds at
three pounds per centum per annum,
for the fervice of the year one
thoufand feven hundred and forty
four.

Cap. 19. For tontinuing and enlarg-
ing the term and powers granted
by an aft of parliament, 'pafled in
the thirteenth year of the reign of
his late majefty King George the
Firft, for repairing the road from
Cranford Bridge in the county of
Mdilefex, to that end of Mmden-^
head Bridge which lies in the coun-
ty of Bucks.

Cap. 20. For continuing and making
more effeftual an aft made in the
eleventh year of his prefent Maje-
fty's reign, for repairing feveral
roads leading to and from the town
of Derby in the county of Derby.

Cap. 21. For laying a duty of two
pennies feots, or a fixth part of
a penny fterling, upon every fcots

Eint of ale and beer which mall be
rewed for fale, brought into, up-
ped, or fold within the town of
Burrowflounnefs and liberties there-
of, in the county of Linlithgow^
for repairing the harbour of the tsiid
town.

Cap. 22. For repairing the road lead-
ing from the end of ASdleton Tyas
Lane over Gatherly Moor to Greeta*
bridge^ and from thence to Bnus in
north riding of the county of Tork.

Cap. 23. For more effeftually re-
pairing the road from Cherill
(through Calne) to Studley Bridge,
and from Cherill to the Three Mih
Borough at the top of Cherill Hill
in the couoty of ff^lts.

Cap. 24. For more cfiicduilly repair-

iog

A TABLE of the STATUTES.

ing the roads from CokJhUl in the
county of ff^anviciy throu^ the
city of Litchfield^ to Stone in the
county of Stafford^ and from thence
to the city of Chejiefy and for a-
mending other roads therein men-
tioned.

Cap. 25. For repairing the road be-
tween the town of Kingflon upon
HuU^ and the town of mverliy in
the eaft riding of the county of
YarL

Gap. 26. To reSify a miftake in an
a^ made this leffion of parlia-
ment, mtitvUtd^ JtnuSf for the fpeedy
€md effeifual recruiting of Ins Maje"
Jlfs land forces and marines^ for the
year one tboufand feven hundred and
forty four.

Cn>.t7. For continuing an a<5t pafled
m tbe thirteenth year of the ceign
of his late majeftv Kmg George the
Firft, (b far as the fame relates to
the repairing the road -from Studley
Bridge io Chippenham in the county
of mhsy and for amending the
road from Chippenham to Pickwick
in the iaid county.

Cap. 28. For explaining and amend-
ing an a£t paflTed in the fixth year
t>rhis prefent Majefty's reign, in-
tituled. An a£i to recover and preferve
the navigation of the river Dee w the
mmiy peiatine of Chefter; and an-
other z& pafled in the fourteenth
vear of his prefent Majefty's reign,
intituled, Jh aSf for incorporating
the undertakers of the navigation of
the river Dee; and for repealing the
tonnage rates pavable to the faid
undertakers; and for graming to
them other tonnage or keelage
rates in lieu thereot; and for other
purpofes therein mentioned.

Oip. 20. For making more eifedlual
piovifion for enlightening the Arcets
of the city of London.

Cap. .301 For the more effeAual pre-
venting of the affixing of counter-
feit .ftamps to foreign qr other
1ioen$«

Cap. 31. For repealing the dtrtic*
payable upon glafs beads, and for
granting other duties in lieu there-
of; and for allowing the fame
drawbacks on the exportation of
refined borax and camphire, which
are allowed on the exportation of

V unrefined borax and camphire; and
for preventing the fraudulent ex-
portation of Britijh and Irijh linens,
for the fake of the bounty allowed
by an acft made in the fifteenth and
fixteenth years of his preicnt Ma-
jcftv*s reign; and for explaining
and amendmg the faid aA, as to
the pcrfons who are to receive the
faid bounty.

Cap. 32. To explain and make more
effeAual feveral afts of parliament
piled in the reign of his prefent
Majedy, for building abridge crofs
the river Thames j from the city, of
ffe/lmiti/ter to the oppofiie (hore in
the county of Surrey ; and for the
better enabling the conrniiffioners
for building the faid bridge, to fi-
nifti the fame, and to penbrm the
other trufts repofed in mem; as al-
io for |ranting further time for
exchanging the tickets unclaimed
in the laft lotterv for die faid
bridge; and to make provtiion for
tickets in the faid lottery, loft,
burnt, or otherwife defhxjyed.

Cap. 37. For grantme to his Majefty
the lum of one miUion out of*^ the
finking fund, and for applying a
fum remaining in the exchequer,
arifen by the coinage duty for the
fervice of the year one thoufand
feven hundred and forty four; and
for the further appropriating the
the fupplies granted in this ieflion
of parliament; and for making
forth duplicates of exchequer bills,
lottery tickets, certificates, annuity
orders, and other orders, loft,
burnt, or otherwife deftroyed ; and
for giving further time for the
payment of duties omitted to he
paid for the indentures of clerks

smdr

A TABLE of the STATUTES.

Krentices; and to enable the
!\ers of certain annuities,
in mentioned, to receive fuch
ities, if the &me (hall not be
indied within a certain time by
rmuhants for life, until proof
lade, that fuch armuitants are

|.. For the better encourage-
: of feamen in his Majefty's
:ey and privateers, to annoy
nemy.

;. 1 o explain, amend, and
ge an a(3 made in the fixteenth
feventeenth year of the reign
Ling Charles the Second, inti-
I, An adl for regulating tbemea-
and prices of coals.
5. For permitting certain goods
:in enumerated, to be import-
uring the war in Britifb built
ping, the property of foreign-
and for relief of William Ord^
others; and for obviating a
)t which hath arifen upon the
)f the twelfth year of the reign
king Charles the Second, inti-
1, An an for the encouraging and
afing of fbipping and navigation^
3 the importation on the ac-
it of aliens, of goods of the
7th or produdion of the plan-
ns of Spain and Portugal^ in
H/b (hips duly navigated.
\j. To prevent difputes touch-
the parilhes or places where
roved waftes, and drained and
roved marfh lands, (hall be
ged to parochial rates.
j8. For remedying fome de-
; in the aA made in the forty
i year of the reign of QiJecn
ahetb^ intituled. An a£i for the
f of the poor.

{9. To make it high treafon to
I corrcfpondence with the fons
he pretender to his Majefty's
m; and for attainting them of
I treafon, in cafe they Ihall land
ttempt to land in Great Britain^
uf of the dominions thereunto

belonging ; and for fofoendingthe
operation and efFed; ot a claufe. in
the a<a of the feventh year of the
late Queen Anne^ for improving the
union of the two Kingdoms, relat-
ing to forfeitures for high treaibUy
until after the deceafe of the fons
of the fard pretender.
Cap. 40. To continue the feveral
laws therein mentioned for pre-
venting theft and rapine on the
northern borders of England^ for
the more effedhial puniihing wick*
ed and evil-difpofed perfons going
armed in difguife, and doing inju-
ries and violences to the perfons
and properties of his Majefty*s fub-
jeds, and for the more fpeedy
bringing the offenders to juftice;
for continuing two claufes to pre-
vent the cutting or breaking 4o¥^
the bank of any river, or (ea bank»
and to prevent the malicious tut-
ting of hop-binds; . and for^ the
more effedtual puni(hment of per-
fons malicioufly fetting on fire any
mine^ pit, or delph of coal, or
cannel coal ; and of perfons unlaw-
fully hunting or taking any red or
fallow deer in forefts or chaces, or
beating or wounding the keepers or
other officers in forefts, cbaces, or
parks; and for granting a liberty
to carry fugars of the growth, pro-
duce, or manufadhire of any of his
Majefty's fugar colonies in America^
from the faid colonies diredtly to
foreign parts in (hips built in Graat
Britain^ and navigated according
to law; and to explain two adts
relating to the proiecution of of<*
fenders for embeziling naval (tores,
or ftores of war; and to prevent
the retailing of wine within either
of the univerfities in that port of
Great Britain called Enghnd with*
out licence.
Cap. 41. For making more effcAual
feveral adts paflcd tor repairing the
road leading from the ftones end
in the parift of Saint lA^nard

Shore-^

A TABLE of the STATUTES.

- Sbcrediub in the county of Middle^
fexj to the funhcrmoft part of the
northern road in the parifti of £//-
field in the fame county, next to
theparifh of Cbejbunt in the county
of liertford'f and for amending the
road uoxn the watch-houfe in
Edmontotiy to the market place in
EnfieU.

Cap. 42. For amending and making
more cffeiflual an ad made in the
laft feflion of parliament, for con-
tinuing an a6l made in the thir-
teenth year of the reign of his late
maj^y King George the Firft, for
repairing the roads from Luton in
the cotmty of Bedford^ to Wejlwood
Gatf in the iaid county, and from
iMtcn to Saint jtlian*s in the coun-
ty of iiirr(/iri.

Cap. 43* For repairing the road from
the town of BucKingham in the
county of Bucks', to fFarmington in
the county of fyarwick.

Private ASs.
Jmto jy Georgii Ih

t. An a6l for naturalizing Andrew
lAndegren and Abraham Spalding^ of
Lendw^ merchants.

a. An aA to diffolve the marriage of
Henry duke of Beaufort^ with
Frances Seudamcre his now wife,
and to enble him to marry again,
and for other purpofes therein
mentioned.

J. An ad to enable his Majefty to
grant the inheritance of part of
the foreft of Shctover and Stsw^od
in the county of Oxfcrd^ to truftees,
in truft for Augujlus Schutz cfquirc,
and his heirs, upon a full and va-
luable coniideration to be paid for
the &me.

4. An a6l to enable Mr. Jdn Carrey
of Caversy advocate, to loll lands in
the county of Rjoxburgh^ for pay-
ment of debts charged thereon,
and with the furplus money (if
mny) to purchafe other lands, to

be fettled to the fame ufes as the
lands to be fold are fettled.

5. An ad for dividing, and inclofing
the common fields^ called the North
Field and Soutb Fteld^ in the parilh
of K^ejlonbirty in the county of
Gloucejler,

6. An adl to enable Edward Sleivartf
lately called Edward Clarie, and
James Stewart Stezuarty lately call-
ed James Stewart Clarke^ to take
and ufe the furname of Stewart^
purfuant to the will of James Ste-
warty deceafed.

7. An adt to enable Randall Hopley of
Overton in tlie county of Cbeftery
gentleman, and his iuue, to uke
and ufe the furname of jP^i, pur-
fuant to the will of fFilliam Dod
efquirc, deceafed.

8. An adt to enable Jobn Cafwelly
gentleman, now called Giles fybite^
bally to take and ufe the chriftian
and furname of Giles fyhitebaUy and
alfo to enable his firft and other
fons, and their heirs male, to take
and ufe the furname of Pf^itebaU^
in purfuance of the will of Giles
ff1}iteball decckft^d.

9. An adt for naturalizing Mary
countefs of Holderneje, wife of
Robert earl of Holdernejfe.

10. An aS for naturalizing Andrew
Templcmany John Darlon, Chriftian
Mollery John Friderick Fries y and
Peter de la Rivcy of LondoHy mer-
chants.

11. An a£l to naturalize Lorentz Ba^
Jlian Rxtter.

12. An a(5t for naturalizing John Ru--
dolffThunny of LondoHy merchant.

13. An a6t for fettling a capital
mcffuage, lands, and hereditaments
in Eaji Grinjlead in the county of
Sujfexy to divers ufes therein men-
tioned, for the benefit of IVilUam
lord Abergavennyy aiid his family^
as an equivalent for a fum of mo-
ney appointed by a forn.tr a6t, to
be laid out in the purchafe of hnds
for that purpofe.

14. An

A TABLE of the STATUTES.

I ad for dividing and*inc1ofing
lin common fields in the ham-
f SbiptoHj in the parifli of JVin-
in the county of Bucks.
\ z6t for inclofing the common
wafte ground called BasJIedon
\b in the county of Berks,
1 ziEt for mclofing and dividing
rommon fields, called Fkcknoiy
e parifh of Wolfkampcoat in the
ity of TVarwicL
1 a<5l for confirming an agree-
t made to exchange certain
;s of common, in the parifh,
ifhips, or hamlets of Eajl Lang-
IVeJl Langton^ Church Langton^
Tborpi LangUn^ in the county of
'fler\ and for fettling an yearly
to be paid to the rector of the
parifh, and his fucceflbr:s, in
oftythes.

1 a^ for inclofmg and dividing
common called the Severalsy
the Mobr^ lyine in the manor
parifh of MarAam le Fenn in
:ounty of Lincoln.
I i£X for fale of the capita] mcf-
B at Roughampton^ and divers
s and hereditaments in the
ity of Surrey^ late the eftate of
)* Bcgnall efquire, dec^Ved,
for purchafing another ef-
to be fettled to the ufcs of his

n a<5l for the Tale of certain
fcs and ground in IVoolwich^
of the fettled eflate of Edward
"oter efquire, purfuant to an
ement with the commifTioners
he navy, and for applying the
icy arifing by fuch fale, in the
:hafc of another eftate, to be
ed to the ufes of his marriage
ement.

n aft for vefling part of the fet-
effate f^i Edward Poivys efquire,
Katberine his wife, in truflces,
'aifin^ money to pay debts, and
fecurmg an equivalent for the
e, for the benefit of his faid
:, and their ifiue, and of Thomas
L. XVIII.

Powjs efquire, and his heirs and
afligns.

22. An aft for confirming to the
honourable Henry Hervey clerk,
his wife, and their ifliie male, the
furname and arms of JJlon^ purfu-
ant to a fcttlemcnt made by Sir
Thomas Ajhn baronet, deceafed.

23. An aft for confirming the joint-
ure made on the marriage of /rdw-
cts Scot efquire, commonly called
carl of Dalkcithy eldefl fon and
heir apparent to Francis duke of
BuccUugh^ with lady Caroline Camp-
Mlj and for impowering the heirs
of entail fucceeding to the eflate
of Francis late earl oi Buccleugb^ to
make jointures, in fuch manner^
as is therein mentioned.

24. An aft to impower the guardians
of Other Lewis^ carl of Plimautbj
an infant, to purchafe the eftate of
his grandfather Thomas Lewis c-
fquirc, in the county of Glamorgan.

25. An aft for fale of part of the
eftate o( Thomas lord baron of Caher
in the kingdom of Ireland^ towards
difcharging the debts and incum-
brances affefting thp fame.

26. An aft for vefline the fettled
eftate of Sir Robert Sutton in the
county of Nottingham^ in truftees,
to be fold, for difcharging feveral
mortgages and incumbrances, and
for laying out the furplus of the
money arifing by fuch fale in the
purchafe of other lands, to be fet-
tled together with his eftate in the
county of Lincoln^ to the ufes there-
in mentioned.

27. An aft to enlarge the time limit-
ed by the will of Sir Francis Leice-

Jler baronet, deceafed, for fale of
the real eftate late of Sir John Byrne
baronet, deceafed, in the kingdom
of Irelaody and alfo to enable Sir
Peter Byrne baronet, and his ifTue,
to take and ufe the furname of
Lcicefter only, purfuant to the faid
will.

28. An aft for impowering ?^^ff
b thorn-

A TABLEof the STATUTES.

Thernhagh cfquirc, to make a joint-
ure and provifion for his younger
children out of an edate, comprifed
in a voluntary fcttlcment made by
Saint Andrew Thornt>tigh efquire,
his late father, deceafed.

319. An ad for veiling divers lands
and hereditaments, deviled by the
will of Richard Cliffe efquire, dc-
ceafed, in truftces, to be fold, for
paying tl^e debts and legacies
charged thereupon by the faid will,
and for laying; out the furplus of
the money arifing by fuch fale (if
any) in purchafing other lands, to
be fettled to the ufes of the fame
will,

30. An a6l for fale of part of the fet-
tled cftate of John Ayjhcomhc gen-
tleman, lying in the county of
Warwick^ and for fettling a-
nothcr cftate in the fame county,
of greater value, to the fame ufes,
in lieu thereof, and for other pur-
pofes therein mentioned.

Ji. An afl for vefting the eftate late
of George Dotums e^uire, deceafed,
in the county of JVilt:^ in Edward
Gale gentleman, and his heirs, in
truft, to convey the fame to Robert
Neale efquire, and his heir^ (pur-
fuant to articles of agreement made
for fale thereof) towards payment
of the incumbrances charged there-
upon, and for other purpofes there-
in mentioned.

32. An ad for vefting part of the
* fettled eftate of 'John Cullum efquire,

in truftees, to be fold, towards dif-
charging incumbrances affeding
the fame, ami for fecuring and
providing an equivalent for the
fame, out of other part of his eftate,
for the ufes and purpofes of his
marriage fettlement.

33. An ad to enable lyilUam Moore
efquire, to fell an eftate purchafcd
under the will of IViUiam Smythe
efquire, :»nd to lay out the money
thereby arifmg, with other money
therein mentioned, in the purchalc

2

of another eftate, to be fettled to
the ufes of the faid will.

34. An aft for vefting the fettled e-
ftate of ^Ihoi^as Fownes efquire, Mn
truftees, to be fold, together with
his fee fimple eftate, for the pay-
ment of the debts of his father and
himfelf, and for laying out the
furplus money in the purchafe of
another cftate, to be fettled to the
ufes of his marriage ibttleoient.

35. An ad for veftmg the fettled c-
ftate of Peter Haxvker efquire, in
the county of Dorfct^ in truftees,
to be fold, and for providing and
fecuring an equivalent to be fettled
to the fame ufes. '

36. An ad for confirming agree-
ments made for incloiing and di-
viding part of North Stoneham C^m^
mon^ in the county of Southampton,

37. An ad for extinguiftiing a right
of common claimed by and belong-
ing to the owners and proprietors
ofancient burgages and tenements
in Ripon^ Littiethcrpe^ and Bdnd-
gate^ in the county of York^ and
for fettling and providii^g an equi-
valent for the faid common right.

38. Aa ad for naturalizing Bemh^rd
Jomim Bottefeur.

39*. An ad for naturalizing Sifpben
Naville.

Anno iS Georgii II. .

Cap. I. For granting an aid to -his
Majefty by a land tax to be raifed
in Great Britain^ for the feririctf of
the year one thoufand fevcn hun-
dred and forty five.

Cap. 2. For continuinf the duties
upon malt, mum, cyder and perry,
in that part of Great Britain called
Sngland; and for granting to his
Majefty certain duties upon malt,
mum, cyder and pcrrj', in that part
of Great Britain called Scotland^ for
the fcrvic^ of the year one thoufand
fevcn hundred and forty five.

Cap. 3. To enable the parilhioners

A TABLE of the STATUTES.

lie pari(h of Saint Margarita
in the borough of King's Lynu^
ic county oi Norfolk^ to raifc
ey, by rates upon thcmfelvcs^
nifliing the church of the faid
h«

. For repairing the road lead-
rem the town of Kin^on upon
^ to and through the town of
^, and from thence to the
k erf" Kirk-^Ellt2y in the county of
aid town of Kingjhn upon Hull.
, For grantine and continuing
luties upon fair, and upon red
ifhite herrings, for the further
of fix years i and for declaring
the duties on fait, which arile
are payable in that part of
/ Briiaiu called Scotland^ (hall
ubje<ft to the fame charges
ion, as the fame duties were
; to by the ad of the fifth year
e retga of his late majefty King
^i thc*Firft.

. For repairing the road lead-
from a gate commonly called
fd Gaiei on the (buth eaft fide
le town of Hedon^ in the eaft
^ofthecountyof/#ri^throujgh
aid town, to Hull Nprtb Bri^e.

• For punilhing mutiny and
tion» and for the better pay-
t of the army and their quar-

• For repairing the high road
ng firom BoroughbriJge in the
rtty of Torky through North AU
I m the fame county^to Cnfu
\i on the river Teis\ and from
ce through Darlington in the
ity of Durham^ to the city of

« For granting to his Majeftv
-al additional duties upon all
:s imported into Great Britain ;
for raifing a certain fum of
loney by annuities, and a lot*
in manner therein mention-
o be charged on the faid addi-
il .duties.
^:.For the fpeedy and effe^^ual

recruiting of bis Majefty's i^gl-
Qients of foot ferving in Flanders^
Minorca^ Gibraltar^ and the plan*
tationsy and the regiments of ma-
rines.

Cap. II. To indemnify pcrfons who
have omitted to qualify thcmfelves
for offices and employments within
the time limited by law, and for
allowing further time for that pur-
pofe.

Cap. 12. For continuing and enlarg-
ing the term and powers c:ranted
b]^ an ad made in the twelfth year
of the reign of his late majefty King
George the Firft, For repairing the
highways from Speenhamland, ad^
joining to Newbury, in the county of
Berks^ to Marlborough in the coun^
ty ^ Wilts.

Cap. 13. For more effectually cleanf-
ing, deepening, widening, and pre-
ferving a creek called Beverley beck,
running into the river Hull; and
for more efieflually repairing the
ftaiths near the iaid beck, and the
roads leading firom the faid river to
the town of Beverley, and for
deanfing the ftreets of the faid
town I and for regulating the car-
riages to and from the faid, beck, and
the river Hull.

Cap. 14. For enlarging the terms and
powers granted by feveral a<fls of
parliament for repairing the high-
ways between Sheppar£ Sherd and
the Devizes^ and the top of jf/b-
lington Hill and Rowd Ford^ in the
county of fpllts.

Cap* 15. For making the furgecns
of London and the barbers of Lon-
don twofeparate and diftin<£t corpo-
rations.

Cap. 1 6. To repair the road leading
from Tadcajler Bridge within the
county of the city of Tork, to a
place near the faid city, called Hob-
moor Lane End.

Cap. ir^. For giving a publick re-
ward to fuch perfon or perfons, his
Majefty's fubjeA or fubieSs, as
b 2 (hall

A TABLE of the STATUTES.

(hall difcover a north weft paflagc
through HudfotCs Sir eights^ to the
vreftern and fouthem ooedn of A^
merica.

Cap. 1 8. To explain and amend the
laws touching the elections of
knights of the (hire to ferve in
parliament for that part of Great
Britain called England.

Cap. 19. For repairing the road from
Birmingham^ in the county of JVar-
tvick (through Elmdon) to a lane
leading by the end of Stone Bridge^
in the faid county.

Cap. 20. To amena and render more
effedual an z& pafled in the fifth
year of his prefent Majefty's rekn,
mtituled. An a^ for the further
quaUfication of juJHces of the peace.

Cap. 21. To contmue an adl, made
in the fixth year of the reign of his
prefent Majefty, for the better re-
gulation of laftage and ballaftage in
the river Thames.

Cap. 22. For granting to his Majefty
the fum of eight hundred thoufand
pounds out of the linking fund -,
and for granting a fum remaining
in the exchequer, arifen by the fur-
plus of the duties upon m^It,
xnum, cyder, and perry, for the
iervice of the year one thoufand
' feven hundred and forty five; and
for the further appropriating the
fupplies granted in this feflion of
parliament; and for giving further
time for the payment of duties o-
' mitted to be paid fortheii)denturcs
or contradts of clerks and appren-
tices, and for the further enforcing
the payment of the faid duties.

Cap. 23. To repair and widen the
road leading from GodmaHchefter in
the county of Huntingdon^ through
Fen Stanton and Cambridge^ to the
Firft Rubbing Houfe on Newmarket
Heath in the county of Cambridge^

Cap. 24. For efFedtually prevenfing
the exportation of foreign hnens,
under the denomination of Britijb
or Iri/b linens.

Cap. 25* For allowing certain addi-
tional bounties on the exportation
of Britijh and Irijh linens.
.Cap. 26. For repealing the prefent
inland duty ot four (hillings per
pound weight upon all tea lold in
Great Britain^ and for granting to
his Majefty certain other inland
duties in lieu thereof; and for bet-
ter fecuring the duty upon tea, and
other duties of excife; and for
purfuing offenders out of one coun-
ty into another.

Cap. 27. For the more effcdhially
preventing the ftealing of linen,
luftian, and cotton goods and
wares, in buildings, fields, j^ounds
and other places ufed for printing,
whitening, bleaching, or drying
the fame.

Cap. 28. To indemnify pcrfons who
have been guilty of the unlawful
importing, landmg, or running of
prohibited, uncuftomed, or other
goods or merchandize.

Cap. 29. For granting funher pow-
ers to the commifSoners for build-
ing a bridge crofs the river Thames,
from the city of Weflminfier to the
oppofite (hore in the county of
Surrey \ and for the better enabling
them to finilh the faid bridge, and
to perform the other trufts repofed
in them.

Cap. 30. To amend an aft made in
the eleventh year of the reign of
King /f7//;jw the Third, intituled.
An a6f for the more effe^uatfuppref
fion of piracy.

Cap. 31. For the more cfFeftual re-
covering and coHefting of certain
duties granted towards the fup-
port of the royal hofpital at Green-
wich', and to oblige agents for
prizes, to regifter their tetters of
attorney.

Cap. 32. For continuing, amending,
znA making more efFedual, an adt
made in the twelfth year of the
reign of King George the Firft, for
repairing the road^ leading from

A TABLE of the STATUTES.

Birmingham to Edgbilly in the coun-
ty of H^arwici.
Cap. 33. To repeal a claufe in an aft
made in the third year of the reign
of K\t\g JVllliam and Queen M^^ry^
relating to carts ufed by perfons
inhabiting within the limits of the
weekly bills of mortality; and to
allow fuch carts to be drawn with
three horfes; and to prevent the
mifbehaviour of the drivers of carts
in ilreets, within the faid limits.
Cap. 34.. To explain, amend^ and
make more efieftual the laws in be-
ing, to prevent exccfEve and de-
ceitful gaming; and to reftrain and
prevent the exceflive increafe of
horfe races.
Cap. 35. For the further regulating
and better government of his Ma-
jcl^'s navies, fhips of war, and
forces by feaj and for regulating
the proceedings upon courts mar-
tial in the fea lervice.
Cap. 36. For prohibiting the wearing
and importation of cambricks and
French lawns.
Cap. 37* For impowering the furviv-
ing commiHioners and truftees
ior forfeited cftatesto execute prp-
per conveyances of the late lord
lyiddritigtcn^s eftate, in the county
of NoTtkumherhnd (contrafted for
by the York Buildings company) to
trullees for the creditors of the faid
company, upon payment of a fum
of money therein mentioned into
hiv Majedy's exchequer.
C^p. 38. For rendering more effec-
tual the ieveral afts pafled for the
otrding of hofpitals and work-
. houfe^ within the city of BrijhU
for the better employing and main-
taining the poor thereof.

Private ARs.

Anm 18 Georgii 11.

I. An aA for naturalizing Sir John

Charles Le Blon.
z. An aA for naturali^og Chrijlian

Heindm^ Doviimck Jofeph Leiutattd^
Henry Gcuijcs^ and "others.

3. An adt for confirming and efta-
blifliing on John Pate cfquire, and
his iflue male, the furname of Roje.

4. An aft to enable George Vanden
Bempde^ marquis of Annandak^ to
ufe the furnam;; and arms of /<;;;-
den Bempdc^ purfuant to the will of
John Vanden Bempde efquirc, dc-
ceafed.

5. An aft to enable George earl ChoU
mondeUy^ and Pattee vifcount yi?r-
rington^ to take, in Great Britain^
the oath of office as vice trcafurcr
and receiver general, and payipa-
ftcr general of all his Mjjefty's re-
venues in the kingdom of Ireland^
and to qualify themfelves for the
enjoyment of the laid offices.

6. An act for exchanging divers lands
and hereditaments m ,HantJbire^
belonging to Sir John Peachy ba-
ronet, for other lands and here-
ditaments in SuJJex^ belonging to
Thomas Knight elquire; andlor fet-
tling the feveral eftates, fo taken in
exchange, to the ufes limited of the
eftarcs given in exchange for the
fame relpeftively.

7. An a<5l for naturalizing Dorothy
Penton^ wife of Heiiry Penton e-
fquire, and for qualifying and en-
abling her to hold and enjoy a rent
charjie, lirDitcd to her upon her
marriage, in the name of her join-
ture.

8. An a£l for confirming to JViUiam
Beauchamp efquirc, and his heirs,
the furname of Pro£for^ according
to the dircdtionof the laft will and
teftament oi George Proilor efquire,
deceafed.

9. An as5t for uniting the vicarage ef
Fincham Saint Martins to the rcclory
of Fincham S'int Michaels^ in the
county of Norfolky and for fettling
the right of prefentation to the
fame.

10. An a£l for regulating and making
more effedual a certain charity^'
b 3 ^N^IW

A TABLE, of the STATUTES.

givtnhy the ^Wl of Richard Church'
aer merchant, deceafed, for the
benefit of the town and borough of
PetcrsfiiU in the county of South-
ampton.

11. An adl for naturalizing Afark
Cramer^ Samuel Mejirezat^ and o-
thers.

I2« An zBi for naturalizing Anthony

• Benjamin Mortn.

13* An aft for veiling certain lands
and hereditaments, part of the fet-
tled cftate of Sir Philip Botehr ba-
ronet, in the feveral counties of
Bedford and Kent^ in the faid Sir
Phtlip BotelfTy and his heirs; and
for fettling other eftates in the feve-
ral counties of Kent and Hereford^

* of greater value, to the like ufes,
in lieu thereof.

14. An aft for appropriating the fum
of fix thoufand poimds, part of
the portion agreed on to be paid on
the marriage of Sir Francis Skipivith
baronet, with dame UrfuJa his
wife, and for fale of part of his fet-
tled eftate, for difcharging his
debts, and fecuring an equivalent
to his ifiiie male in refpeft thereof.

15. An aft for raifing money out of
the eftatc entailH by the will of
Sir fHUiam Myddihon baronet, for
purchafing an eftate, lying near
Chirk Ca/lley in the county of Den-
bigh, to he fettled to the ufes of the
fame will.

16. An aft for vefting part of the
eftate of Sir Marmaduke Grejham

' baronet, deceafed, in truftees, to
be fold for payment of his debts,
and a legacy of three thoufand
pounds anefting the fame.

17. An aft for reftifying a miftake in
a fcttlement made by Sir Robert
Sutton knight of the Bath^ and alfo
in an aft pafled the lad fefiion of
parliament, for fale of the fettled
eftatc of the faid Sir Robirt Suttcn^
in the county of Nottingham y for

■ difcharging incumbrances.

18. An aft for fale of the eftates.

late of JVilliam Robinjon efquire,
and dame Dorothy Jeffreys^ in the
feveral counties^of Denbigh^ Ftint^
Chejler^ Sahpy and Anglefeay for
payment of their refpeftive debts
and incumbrances.

19. An aft for fale of certain Icafe-
hold eftates, late of Sarah Eaton^
dcceafed, and by her devifed to the
provoft, fellows, and fcholars of
Worcejler College in the uni verfity of
Oxford \ and for laying out the
money arifing thereby in the pur-
chafe of fee fimple eftates, and for
other purpofes therein mentioned.

20. An aft for charging, felting, and
applying part of the fettled eftate
of Anthony Keck efquirc, for raifing
money towards the purchafe of
the manors of Dalby and Brmghtony
in the county of Leicefter^ contraft-
cd for purfuant to the will of An-
thony Keck, his grandfather, and for
other purpofes therein mentioned.

21. An aft for impowering truftccs
to fccure and difpofe of certain ef-
fefts, mentioned in the will of
Nicholas Hooper cfquire, deceafed,
for the benefit of the children of
John Baffett efquire, to whom they
are bequeathed.

22. An aft for fale of the fettled and
unfettlcd eftates of TVHUam Parry
efquire. and for purchafing another
cOate of equal value with the fettled
eftate, to be fettled to the fame
ufes, and for other purpofes there-
in mentioned.

23. An aft for impowering Edward
Gould efquire, and Jf^tllifim Gould
clerk, to make jointures upon their
refpeftive marriages, out of the
cftate devifed to them by the will
of Sir Edward Gould knight, de-
ceafed.

24. An aft for vefting an undivided
* moiety of certain lands in the

county of Jf^iltSy comprized in
the marriage fettlement of Robert
lFrigi;t clerk, in truftecs, to feU
the fame, for raifiag money to pur-

cbafi^

A TABLE of the STATU^TES.

: an entire hvm in the county
tffcUj to be Tettled to the ufes
\e fame fettlement.
1 z& for fale of the freehold

copyhold eftates of Rffdolph
Ws gentleman, deceafed, in the
ity of Bwksj for difcharging in-
brances affedling the fame, and
making provifion for. his wi-
and infant children.
1 aft for veiling part of the
e late of Richard Lufcmbi e-
re, deceafcd, in the county of
0ff, in truftees, to be' fold for
nent of his debts and legacies.
\ t& for indofing and dividing
H>mmon 6elds in FaxtoUy with-
be parifli of Lampwrt^ in the
ity of N$rthamptQn\ and for
Qg a recompence to the re6lor
he faid parifli, in lieu of his
es of the iaid common fields,
n ad to diilblve the marriage
Ogmel Matthew efquire, with
J&pt Smith his now wife, and
mable him to marry again;

for other purpofes therein
itbned.

n a<ft for naturalizing Piter
iboUmtw Julian, Peter Sapte,
Thomas S^te.

Anno 19 Georgii II.

:. To impower bis Majefty to
re and detain fuch perfons as
Majefty fliall fufped are con-
ng againft his perlbn and go-
iment.

t. To raife the militia of that
of Great Britain called Eng-
, akhough the month's pay
seriy advanced hath not yet
1 repaid ; and to raife fuch part
iie faid militia, as (hall be
;ed mod proper, ready, and
renient.

[. For granting an aid to his
efty by a land tax, to be raifed
"nai Britain^ for the fervice o£

the year one thoufand feven hun-
dred and forty fix.

Cap. 4. For continuing the duties
upon malt, mum, cyder, and per-
ry, in that part of Great Britain
called England^ and for granting to
his Majefty ceftajn duties upon
malt, mum, cyder, and perry, in
that part of Great Britain called
Scotland^ for the fervice of the year
one thoufand feven hundred and
forty fix.

Cap. k. To enable his Majefty ti
make rules, orders and regulations,
more effedually to prevent the
fpreading of the diftemper which
now rages amongft the homed cat-
tle in this kinjedom.

Cap. 6, For eftabliihing an agree-
ment with the governor and com-
pany of the bank of England^ for
cancelling certain exchequer lulls
upon the terms therein mentioned ;
and for obliging them to advance
the fum of one million upon the
credit of the land tax and malt c^u-
ties granted to his Majefty for the
fervice of the year one thoufimd
feven hundred and forty fix.

Cap. 7. For adjourning the court
of feffion in Scotland % and for re-
medying the inconvenienciesarifing
from the furceafe of juftice in that
part of the kingdom.

Cap. 8. For repealing fo much of an
adk pafled in the eleventh year of
the reign of his late majefty King
George the Firft, intituled. An a&
for regulating ele&ions within the
city of London j and for preferving
the peacej gcod order^ and govern^
ment of the faid city ; as relates to
the making or pafling of adb, or-
ders, or ordinances in conunon
council.

Cap. o. For the more eafy and fpeedy
trial of fuch perfons as have levied,
or (hall levy war againft his Ma-
jefty ; and tor the ^tter afcertain-
ing the qualifications of jurors in
trialsforpiightFeafon,or mifprifion of
b 4 ttcidbcv^

A TABLE of the STATUTES.

treafdh, in that part of Great Bri-
tain called Scotland.

Cap. 10. For enlarging the term and
powers mnted by an a<£l pafled in
the twelfth year of the reign of
his late majcfty King Geergi the
Firft, /w repairing tU road from
Market-Harborough to Loughbo-
rough, in the couffty of Leicefter;
and for making the laid adt more
eflFeaual.

Cap. II. For punithing mutiny and
defertion; and for the better pay-
mentof the arpiy and their quarters.

Cap. 12. For granting to his Majefty
leveral rates and duties upon gla'fs,
and upon fpirituous liquors ; and for
raifinjg a certain fum of money by
annuities, and a lottery, to be charg-
ed on the faid rates and duties ; and
for obviating fome doubts about
making out orders at the exchequer
for the monies advanced upon the
credit of the (alt duties, granted and
continued to his Majefty by an a£t
of the laft feflion of parliament.

Cap. 13. To enlarge the time for ju-
ftices of the peace to take and fub-
ibribe the oath direcfled by an adt
madeinthelaft feflion of parliament,
intituled, jIn all to amend and render
more effectual an a£l paffed in the fifth
year of bis prefent Majejifs retgn^
intitttfediAxi adt for the further qua-
lification of ji^ftices of the peace.

Cap. 14. To contimie the duties for
encouragement of the coinage of
money.

Cap. 15. For enabling the inhabitants
of the hamlet of Btthhal Green^ in
the county of A/;tfi/(/J'x,tocomp!cte
their church, and to pay debts al-
nrady contraftcd for the relief of
the poor of the faid hamlet.

Cap. 16. For allowing further time for
inrolment of deeds and wills made
by papifts; and for relief of prote-
ftant purchafers, devifees and leflees.

Cap. 17. For continuing an ad of this
prefent feflion of parliament, inti-
tttle4» jI" ^^ to impower his Majefy

to feturg and detain fuch perfons ai Ut
Majefly Jhall fufpett are confpiring n-
gain/t his perfon and government.

Cap. 18. For enlarging the term and
powers granted by an acft pafled in
the twelfth year of the reign of his
late majcfty King George the Firft,
for repairing the road from the city
of Gloucefler to Stcne^ and other
roads therein mentioned; and for
making the faid act more efle(5tual.

Cap. 19. For enlarging the term and
powers granted by an adl pafled in
the twelfth year of the reign of his
late majcfty 'King George the Firft,
for repairing ana enlarging the road
from Liverpoolc to Prcfcot, and o-
ther roads therein mentioned in the
county palatine of Lancafter; and
for amending the road leading from
Prefcoty to the chapel of Saint HtUn
in the faid county.

C^p. 20. To indemnify fuch perfons
as have aAed in defence of his Ma-
jefty's perfon and government, and
for the jprefervation of the publick
peace of this kingdom, during the
time of the orefent unnatural rebel-
lion, and meriffs and others who
have fuflered efcapes, occaGoned
thereby, from vexatious fuits and
profecutions.

Cap. 21. More cfre6lually to prevent
profane curfmg and fwearing.

Cap. 22. For the better prcfervation
of havens, roads, channels, and na-
vigable rivers, within that p^rt of
Great Britain called England.

Cap. 23. To continue two ads of
parliament i one for encouraging
the growth of coffeein his Majefty's
plantations in Jmericai and the;
other for the better fccurine and en-
couraging the trade of his Majefty*s
fugar colonies in America.

Cap. 24. To impower Lora Pitty
widow, to eredt a bridge or bridges
over the river Froome\ and tp make
a caufeway to the eaft end of the
town of Dorche/Ier^ owqv Forthini-
ton Mfior^ in the countv oi DoHct.

Cap,

A TABLE of the STATUTES.

ny fufpefted
Die eAates or

5. For calling anj
•n or perfons whoiS
:ipal refidence are in ScotkndyXo
ar at Edinburgh^ or where it
be judged expedient^ to find
for their good behaviour.
5. To attaint AUxonder earl of
f, fPiUiam \\icounX of Sirathal-
Alexander lord PitJIigo^ David
ryfi efquire, commonly called
EUho^ elded fon and heir ap-
nt of Jamei earPof Wemyji\
es Drummond efquire, eldeft fon
leir apparent oflVilUam vifcoun t
rathallani Simon Frajir cfquire^
1 fon and heir apparent of Si-
lord Lovat J George Murray e-
re, commonly called lord George
Toyy brother to James duke of
fl; Lewis Gordon efquire, com-
ily called lord Lewis Gordon^
her to Cofmo George duke of
ion J James Drummond^ taking
1 bimfelf the title of duke of
h i James Graham^ late of Dun-
r, taking on himfelf the title of
)unt of Dundee \ John Nairn^
ng upon himfelf the title or ftilc
>rd Nairn ; David Ogilvie, tak-
upon himfelf the title of lord
vie-, John Drummond, taking up-
limlclf the ftile or title of lord
7 Drummondy brother to James
mmondy taking on himfelf the
of duke of Perth '^ Robert Mer-
fquire, otherwifc Nairn^ of Al-
Sir ryilUam Gordon of Pari, John
rray of Brougbton, efquire ; John
ian the elder, of Gknbucket\ Do-
Cameron ibeyounger, of Lochie/;
tOT Archibald Cameron^ brother to
UCameron iht younger of Lochiel-,
cvici Cameron of Tor Cq/iley Alex-
T Cameron of Dungallon; Donald
cDinaldofClanronaldyjxxnior^foti
Ihcnald Mac Donald of Clanron^
DfinaldMac Donaldof Lochgarie^
tander Mac Dmald of Keppoch^
bihU Mac Donald, fon of Col
c Donald of Barif dale y Alexander
c Dtnald of Gkncoe^ Evan Mac

Pherfon of Clunie^ Lauchlan Mac
Lauchlan of CaftU Lauchlan^ John
Mac Kinnon of Mac Kinnon, Charles
Stewart of Ardjbiel^ George Lockharty
eldeft fon and heir apparent of
George Lockhart of Carfnvath', Law-'
rence Oliphant the elder, of Cajk-,
Lawrence Oliphant the younger, of
Cajk', James Graham the younger,
of Air th\ John Stewart^ commonly
called John Roy Stewart , Francis
Farquharfon of Monalterye^ Alexander
Mac Gilivrae of Drumaglajb'y Laueb^
Ian Mac Intojb, merchant at laver^
nefs \ Malcolm Rofs^ fon of Alexander
Rofs of Pitcalnyi Alexander Mac
Leod^ fon to mafter John Mac Leoi
advocate; John Hay^ portionttr of
Rejialrigy writer to the fignet; An^-
drew Lumfdale^ olhev^xftlLumfddn^
fon to Ivilliam Lumfdale^ otherwifc
Lumfdain^ writer in Edinburgh \ and
fyilliam Fidlery clerk in the auditor^s
office in the exchequer of ScotlanJi
of high treafon, if they (hall not
render themfelves to one of his
Majefty's juftices of the peace, oa
or before the twelfth day of Julj^^ in
the year of our Lord one thouiand
feven hundred and forty fix, and
fubmit tojuftice.

Cap. 27. For the more effecftual fc-
curing the duties now payable\)n
foreign-made fail cloth imported in-
to this kingdom; and for cbarg^ig
all foreign-made fails with a duty;
and for explaining a doubt concern-
ing fhips being obliged at their firft
fetting out to fea, to be furniflud
with one complete fet of fails ms^
of Briti/b fail cloth.

Cap. 28. For the better regulating of

eledlions of members to ferve in par-

liament, for fuch cities and towns in

. that part of Great Britain czWcdE^g'

. land^ as are counties of themfelves.

Cap. 29. For fettling an additional
revenue of twenty five thoufand
pounds upon his royal highnefs
JViUiam d uke of Cumberland^ and the
heirs male of his body, for the fig-

nal

A TABLE of the STATUTES.

nal fervices done by his royal high-
nefs to his country.

Cap. 30. For the better encourage-
ment of the trade of his Majel^'s
fugar colonies in America,

Cap. 31. For granting to his Majefty a
certain fum of money out of the
finking fund, for the fervice of the
year one thoufand feven hundred
and forty fix; and alfo for enabling
his Majefty to raife a further fum of
money for the ufes and purpofes
therein mentioned; and for the
further appropriating the fupplies
panted in this feflion of parliament;
and for making forth duplicates of
exchequer bills, lottery tickets, re-
ceipts, annuity orders, or other or-
ders, loft, burnt, or othcrwife dc-
ftroyed.

Cap. 32. For amending the laws rc-
relating to bankrupts.

Cap. 33. To indemnify perfons who
have omitted to qualify themrelves
fijr ofiicesj employments, and pro-
motions within the time limited by
law; and for allowing funher time
for that purpofe.

Cap. 34. For the further punifhmcnt
of perfons going armed ordifguifed,
in defiance of the laws of cuftoms
or excife; and for indemnifying of-
fenders againft thofe laws, upon the
terms in this a<!t mentioned ; and
for the relief of officers of thecu-
ftomsin informationsupon feizures.

Cap. 3^. More efFedually to prevent
the trauds and abufes committed in
the admeafurement of coals within
the city and liberty of Wejiminlier^
and that part of the dutchy of Lan-
cofter adjoining thereto, and the fe-
veral parifhes of Saint Giles in the
Fields^ SUnt Mary le Boris and fuch
part of the parifh of Saint Andrew j
Holborn^ as lies in the county of
MtdHefex.

Cap. ^6. To allow the purchafe, for
nTs'Majefty's ufc, of naval ftores
brought into this kingdom on board
neutral fliips, by any of his Majc-

fty's (hips, and to allow fuch ftores
to be landed and entered during the
continuance of the prefent wars with
France and Spain j or either of them.

Cap. 37. To regulate infurancc on
(hips belonging to the fubjeds of
Great Britain^ and on merchandizes
or effedts laden thereon.

Cap. 38. Morceffedtuallyto prohibit
and prevent paftors or miaifters
from officiating in epifcopal meet-
ing houfes in Scotland, without duly
qualifying tliemfelves according to
law ; and to puni(h perfons for re-
forting to any meeting-houfes
where fuch unoualified paftors or
minifters (hall officiate.

Cap. 39. For the more eftedual dif-
arming the highlands in Sect/and;
and for morceffedlually fecuring the
peace of the faid highlands; and for
reftraining the ufe of the highland
drefs; and for further indemnifying
fuch perfons ashaveadted in defence
of his Majefty's perfon and govern-
ment, during the unnatural rebel-
lion; and for indemnifying the
judges and other officers of the court
of jufticiary in Scotland fornot dct^
forming the northern circuit in Mtj^y
one thoufand (even hundred and
forty fix; and for obliging the ina-«
fters and teachers of private fchools
in Scotland-, and chaplains, tutors,
and governors of children or youth,
to take the oaths to his Majefiy,
his heirs and fuccefibrs, and to re-
gifter the fame.

Private jiffs.
Anno 19 Georgii II- ^

1. Anaaforimpowering/rtf«ff>/Si-
cent efquire, to make a jointure, 0%
any future marriage, and provifion
for his daughters and younger foos.

2. An a<5t to enable §ir Hyndhmt
Knatcbbull baronet, and hi« heirs
male, to take and ufe the fumame
and arms of TVyndhanty purfuant to
the dcfirc of Thomas lord IVyndham
in the kingdom oilrctand^ decea(ed.

3. An

A TABLE of the STATUTES.

3. An tA to enable Richard Leman e-
/quire, formerly called Richard Alie^
and the heirs male of bis body, to
take and ufe the furnnme of Leman^
purfuant to the will of Sir William
Leman baronet, deceafed.

4. An 2& for naturalizing Hermann
Meyer y Herman Rudolph Klincke^ and
Peter Terras junior.

5. An aft for naturalizing John Da-
fiiel Dreyer.

&• An aft tor riving power to the fons
of WiUiam lord vifcount Grimflcny
to make Jointures on their refpcft-
ive marriages, in lieu of a defeftive
power contained in the fettlement
made on the marriage of Samuel
Grimftm efquire, deceafed.

7. An aft to veft the manor of Ruxley^
in the county of Kent^ and fcveral
hnds there, in Sir Narbrough D^Aeth
baronet, and his heirs, difcharged
of the ufes in his marriage fettle-
ment, for other lands in the faid
county, of greater yearly value, be-
ing fetded in lieu thereof.

8. Anaftforcontirmingandeflablifh-
ing articles of agreement, and an
award for inclofinganddividing cer-
tain common fields, within thepari(h
Off Inkpen^ in the county of Berh.

9 An aft for giving funher time to
execute an aft made in the fcven-
teenth year of his prefcnt Majcfly's
reign, intituled, Ana^forextinguijh-
ing aright of common^ claimed by^ and
beknpng to^ the vomer i and proprietors
of ancient burgages and tenements in
Ripon Littlethorpe, and Bondgate,
in the county of York ; and for fettling
and providing an epiivalent for the
faid common right.
i(». An aft for eftablifhing articles of
amemcnt for an indomre and di-
vifion of the common fields, wade,
and common grounds in the manor
rf Ket/feldy in the county of Tori;
and for impowering the lord of the
faid ananor to raife money to cotn-
plefe the faid inclofure.
|i. Ao aft for rcftffying and amepdr

ing the defefts in a former aft of '
parliament, made in the fifteenth
year of the reign of his prefent Ma-
jefty, for fale of part of thecftateof jBrf.
wardBayntunRoltcb{uirt'f and for the
better and more etfeftual execution
of the trufts of the faid former aft.

12. An aft for fale of part of the eftatc
of Thomas duke of Leeds i and for
applying part of the money arifing
thereby in payment of certain debta
owing by him, and the refidue in
difcharge of incumbrances affecting
the reft of the faid duke's fettled e-
ftates; and for fecuring an equiva-
lent to his iiTue male, in refpeft of
what (hould be fo applied in pay-
ment of the faid debts.

13. An aftforvefting in Simon lord
vifcount Harcourti certain lands in
Ducklingtonjxn the county of O^/^^
difcharged from the trufts limited
in the marriage fettlement of George
Hart with Sufannah his now wife;
and for purchafing other lands to
be fettled in lieu thereof.

14. An aft for vefting the real and
leafehold eftates late of Edward
IVright efquire,dcceafed,intruftees»
to be fold for payment of his debts,
and other purpofes.

15. An aft to enable Henry CraU^ and
his heirs male, to take and ufe the
furname of Boulton^ purfuant to the
will of Richard BoultoH efquire, de-
ceafed.

16. An aft for vcfting part of the fet-
tled eftates of the moft noble Hennf
duke of Chandos^ in truftees, for rai J^
ingmoney to difcharge incumbranc-
es affefting other parts thereof, and
for payment of his debts ; and for fe-
curing an equivalent to the right ho-
nourable James BrydgeSyCzllcd mar-
qu'isof CarnarvaUf an infant, and his
inUe; andforraifingattwentyone,or
marriage, the portion charged on tht
faid fettled eftates for the lady Caro--
line BrydgeSy only daughter of the
faid duke, and for fecuring to her
the intercft {hereof in the mean time.

A TABLE of the STATUTES.

17.- An a£t to impower the guardians
of Other Lewis carl of Plimouthj an
infant, to make leafes of his eftate
in the county of Glamcrgany during
his minority.

1 8 . An a(£t to enable George earl of Choi-
mondeley<i and WiUiam Pitt efquire,
to take in Great Britain the oath of
office as vice treafurer and receiver
eeneral and ps^rmafter general of all
his M^efty's revenues in the king-
dom oxiretandy and to qualify them-
felves for the enjoyment of the faid
offices.

19. An aft for fale of certain eftates
of the late earl of Fingallj in the
county of Cavan^ in the kingdom of
l^elandj for difcharging incum-
brances charged thereon, and for
Other purpofes therein mentioned.

20. An z& for fale of the eftate late
oi Richard Lecbmere'yjVAOT^ and Anne
bis wife, in the county of £^x, pur-
fuant to articles entered into for the
purchafe thereof, and for applying
the money arifing by fuch fale for
difchareing incumbrances afieding
the (aid eftate, and for other pur-
pofes therein mentioned.

ai. An ad for vefting divers lands
and tenements in the county of AT^r-
tbumherlandj late the eftate of John
Manners gentleman, deceafedf, in
truftees, to enable them to make an
d9Fe£tu;d conveyance thereof to the
purchdfers under a decree of the
court of Chancery y for the purpofes
therein mentioned.

22. An aft for fale of certain houfes
and tenements in Wakefield^ in the
county dYorky part of the fettled e-
ifateof7^^Aft7?gentleman,fordif-
charging a bond debt therein men-
tionied.

23. An aft to enable Walter Uawkf-
worth efquire, formerly called Wal-
ter Ramjdenf and the heirs of his
body, to take and ufe the fumame
of Onffi/iuorthy purfuant to the

will of Sir Walter Hawk/worthy ba-
ronet, deceafed.

24. An aft for naturalizing Michael
Baur.

25. An aft for naturalizing John Bap-
tijl Pellet.

26. An aft for naturalizing Charh
Labellye.

27. An aft to enable George earl of
Cholmondeleyy and Sir WiUiamTonge
baronet, knightbf themofthonour-
able order of the bath, to take in
Great Britain the oath of office as
vice treafurer and receiver general
and paymafter general of all hi? Ma-
jefty's revenues in the kingdom of
Irelandj and to qualify themfelves
for the enjoyment of the faid of-
fices.

28. An aft to enable Sir William Duck*
infield Daniel baronet, to take and
ufe the fumame^ and bear the arms
of Daniel^ purfuant to the will of Sir
Samuel Daniel knight, deceafed.

29. An aft for fale of divers lands and
hereditaments, in the counties of
Suffolk and MiddlefeXj entailed on
the daughters of Thomas Bennet e-
fquire, in order to raife a fum of
money in prefent for their portions,
as an equivalent for their reverlion-
ary intereft in the faid eftates ex-
peftant on the death of their father.

30* An aft for the exchange of an
eftate in Putney^ in the county of
Surrey y held in truft for charitable
ufes, for another eftae of Gerard
Van Neck efquire, in the county of
Hertford^ and for payment of a lum
of money to the truftees, to be ap-
plied to the like ufes.

31. An aft to enable Daniel Carmi-
chaely of Mauldjley J or the fucceed-
ing heirs of entail, to fell lands in
the counties of Lanark and Fife^ for
payment of debts charged there-
upon, and to purchafe other lands
to be fettled to the (ame ufes as tbf
eftate to be ibid is fettled*

STi&rEND e/" tbe TABLE.

THE

STATUTES at Large, ^c.

Annodccimoquinto GE ORGII IL Regis.

AT the parliament begun and bolden at Weft-
minfter, the firfi ^j^ ^ December, Anno
Dom. I74i> in the fifteenth year of the reign of our
Sovereign Lord George the Second^ by the grace of
God J ^ Great Britain, France, and Ireland, King^
defender of the faith, &c, being the firfi fe/^n of
this frefent parliament.

CAP. I.

Hn a^ for continuing the duties upon malt^ mum, cyder and perry, la
that part of Great Britain called England 5 and for granting to his Ma-
jedy certain duties upon malt» mum, cyder and perry, in that part of
Gnrat Britain called Scotland \ for the (erviceof the year one thoufand
leven hundred and forty two. EXP.

CAP. IL

/In aS to repeal fo much of an a£l paffed in the laftfeffion of
parliament J intituled^ An aft for the prefervation of the
publick roads in that part of Great Britain called Eng--
landy as obliges perfons not travelling for hire to make ufe
of waggons with wheels bound with ftreaks or tyre of a cer-
Iain breadtbj or the faid ftreaks to befaftened with nails
cfa certain fize.

WHEREAS kf an aSl pajfed in the lajlfeffton of parUanunt^ Preamble re
intituled^ An aft for the prefervation of the publick roads citing the adt
in that part of Great Britain called England^ reciting^ That where- 14 Geo. II.
w an aff was made in the fifth year cf the reign of bis late majefty c 4»« f- ^- &
Eing George the Firjl^ intituled^ An aft for making more cflec- S G«>-I* «• »«i
tual thefeveral afts pafled for repairing and amending the high-
irays of this kingdom, which had proved infuffident for that pur^-
pofij by reafon that the faid aSi extended to fuch waggons and carts
miy as travelled for hire^ and by reafon of many difficulties in the
manner of convitfing andpunijhing the offenders againfi the fame ; //
was enoRed^ That the faid aSfj and all and ftngmar the claufes^ pe^
naltiis^ and forfeitures therein contained^ JhouU extend^ ana be con^
ftruid to extend to all waggons and carts^ and to the owners and drivers
thereof J his and their horfesy witb^ the geer^s^ bridles^ halters^ and
occoutremenfs, wbetber travelUngfor hire or not for hire, or in any
VouXVUl. a manner

2 Anno decimo quinto Georgii II. C.jj t*74i»

manner wkatfoever^ and that all and every per fan and perfons wb$
jfbould offend againjl either of the [aid aHSy /hotddfor every fuch of-
fence (being thereof convi^edas therein is mentioned) fcverally forfeit^
be fubjeli and liable to the refpe^ive penalties and forfeitures in tk
faid a^ cf the fifth year of his late Majefly contained^ to be levied^
recovered J and applied in fuch manner^ and to fuch ufes^ as in and ij
the faid a^ is mentioned and dire^ed^ and his and their horfes^ with ;
the geerSy bridles ^ and accoutrements^ Jhould^ for the fpace of thru
days next after fuch offence^ be and remain Yuijeff and liable to fiti
feizures and dijtreffes^ and for the ufe and benefit of ficcb perfon ani
perfons 9 as they would or might have been had they been fazed or £"
ffrained in the faff during the commffion of fuch offence : andwherecs ;
the extending fuch part $f the faid a^ as relates to thi breadth of the
flreaks or tire with which the wheels of waggons ixre to be bounds or
to the nails with which they are to be Jet or fajitnedontofuch waigms
as do not travel for hire^ or to the owners or drivers thereof^ has bem
found inconvenient to farmers and others j and highly detrimental to tie
markets of this kingdom ; be it enr 5ted by thp King's moft exceUent
majefty, by and with the advice and confent of the lords fpiritual
and temporal, and commons, in this prefent parliament a^em-
bled, and by the authority of the fame. That fo much of ^
faid adl of the lad feffioQ of parliament, as tends to extend fudi
part of the faid aA of the fifth year of his late Majefly, as re*
lates to the breadth of the ftreaks or tire, or to the nails vridi
* which they are to be fct or fattened on to fuch waggons as do not
travel for hire, or to the owners or drivers thereof, (hall, from
and after the tenth day of February^ one thouland feven hundred
and forty one, be and is hereby repealed to all intents and pur«
pofes whatfoever.

CAP. III.
An aSt for granting to bis Majefiy a certain fum out of tie
Jinking fundj toward!s tbefupplyfor the year cno ibotefand
feven bttndred and forty two.

f reamble. IV^ O S T gracious Sovereign : We your Majefty's nioft duti-
J.VJL ful and loyal fubje<fts the commons of Great Britain in
parliament aflembled, being defirpus not only to raife fuch fup-
plies as are neceflary to enable your Majefty to carry on the pre-
fent war with vigour, butalfoto ufe fuch ways and means thert-
in, as that your Majefty may have the better and more ipeedjf
effird of the faid fupplies, have refolved to give and grant unto
your Majefty the fum of one million out of the furplufles, ex-
cefles, and overplus monies commonly called The jinking fknd^
towards the fupplv granted to your Majefty for the iervice of ti&e
year one thourand (even hundred and forty two ; and to that
«nd and purpofe do moft humbly befeech your Majeftj that it
may be enaded ; and be it enaded by the King's moft excel-
lent majefty, by and with the advice and confent of the kxtds
fpiritual and temporal, and commons, in this prefent parliaoMttt
aflembled, and by the authority of the fame. That by or ODtof
fuch monies as aow are or fiiall from time tt^tinie be and »-
6 - naia

17490 Ajmodecitno quioto Georgii II. C3. ^

maia In the receipt of the exchequer, of the faid furplufles, A million to

excefles, or overplus monies, commonly called The finking fund *^ ^^^^^ *°^j.

(after paying or referving fufficient to pay all fuch fum and lums [^e yclr%%.

of money as have been direfted by any former adt or adts of

parliament to be paid out of the fame) there fhall and may be

ifiiied and applied a fum not exceeding the faid fum of one mil-

lion^ for and towards the fupply granted to his Majefty for the

fcrvice of the faid year one tbouund feven hundred and forty

two, and the commiffioners of his Majefty's treafury, or any

three or more of them now being, or the high treafurer, or any

three or more of the commiflioners of the treafury for the time

beins, are hereby authorized and impowered to ifllie and upply

the (ame accordingly.

II. And it is hereby enadted by the authority aforefaid. That Claufc of
in cafe the faid commiflioners of his Majefty's treafury, or any credit,
three m* more of them, or the high treafurer for the time being,
Ihall think it advifeable to raife the faid fum of one million, or
any part thereof, by loans or exchequer bills, in manner here*
after mentioned, tliat it (hall and may be lawful to and for any
perlon or perfons, natives or foreigners, bodies politick or cor-

Grate, to advance or lend to his Majcfty, at tlie receipt of his
?^e!tfs exchequer, any fum or fums of money not exceeding
the faid fum of one million, upon the credit of the faid fur-
plofles, excefles, and overplus monies, commonly called Thg
finking fund j and to have and receive for thp forbearance of the
money lent, intereft after a rate not exceeding three pounds ten
ihillinss pir centum per annum^ fo as fuch loans be allowed to be at 3I. los.
made by the faid commiflioners of the treafury, or any three or P^"^ ^*^^-
more ot them now beings or the high treafurer, or any three or
more of the commiflioners ofthetreaJury for the time being, who
are hereby authorized to ifllie their warrants for that purpofe as
faft as fuch loans fliall be wanted for the publick fcrvice ; and
moreover that no money fo to be lent upon the fecurity of this
adt (hall be rated or aflefled to any tax or afleflment wKatfoever.

in. And be it further enadled. That all and every perfon and Tallies to b«
perfons who (hall lend any money upon the credit of this adl as (^ruck, and
iforefaid, and pay the fame into the receipt of the exchequer, pay^^t whh
(hall immediately have a tally of loan ftruck for the fame, and Jntcreft aT
in order for his, her, or their repayment, bearing the fame date above,
irith his, her, or their tally, in or upon which order ihall be
dfo contained a warrant for payment of intcreft for ihe forbear-
like thereof, not exceeding the faid rate of three pounds ten
(bilfines per centum perannum^ and to be paid everj^ three mpnths,
nmil uie repayment of the principal ; and all fuch orders for re-
payment of money fo to be lent (hall be regiflred in courfe ac-
coiding to the dates refpedtively ; and that all and every perfon
and peribns (hall be paid . in courfe, according as their orders To be paid li^
(hall (bnd regiftred in the faid regifler books, fo as the perfon courfe.
or pedbns, natives or foreigners, his, her, or their executors,
idminifinitorsy orafligns, who fliall have his, her or their order
lircutlers firft entered in the faid books of regifter, (hall 1:^ taken
'■ • Ba and

- 4 Anno decimo qmnto GsoROil Hi C. ^l f i

and accounted to be t£e firft perfon or perfons to be paid (

the fiiid furpluilesy excefles, and overplus monies ; and he

and they, who (hall have his, her, or tTieir order or order

entred, (hall Ijt taken and accounted to be the fecond per

be paid, and fo fucceflively and in courfe ; and that the n

to come in of or for the raid furplufTes, excefles, and ov

monies, commonly called The finking fund^ as aforcfaid,

be in the fame order liable to the fatisfadtion of the faid r

tive perfons, and body or bodies politick or corporate, th*

ecutors, adminiftrators, fucceiTors, or atTigns refpedively,

out undue preference of one before another, and not othe

and (hall not be diverted or divertible to any other ufe, i

or purpofe whatfoever (other than fuch ufes and purpofes

appointed by any other adt or a£ts of parliament in that

Oflficert to as aforefaid ;) and that no fee, reward, or gratuity direftly

take no feci. diredUy (hall be demanded or taken of any of his Majcfty

j.eAs for providing or making of any fuch books or regift<

any entries, views, or fearches in or for payment of mon€

* or the intereft thereof as aforefaid, by any of his Maje(ly

cer or officers, their clerks, or deputies, on pain of payn

treble dam;^^ to the party grieved by the party ofFendinj

^nalty for f^y ^^^ ot fuit ; or It the officer himfelf take or dema;

taking tees, j-^^j^ ^^ ^^ reward, then to lofe his place alfo ; and if any

juid for undue preference of one before another (hall be made either in p

preference. regi(lry or payment, contrary to the true meaning of tl

by any fiich officer or officers, then the party offending 1

liable by aftion of debt, or on the cafe, to pay the value

debt with full cofts of fuit tathe party grieved, and (hall I

judged of his office or place ; and it (uch preference be

made by any his deputy or clerk, without direction or

of his mafter, then fuch deputy or clerk only (hall be 1:

fuch a<5lion, debt, damages, and cofts, and (hall be fi

after incapable of his office or place ; and in cafe the aui

the receipt (hall not diredl the faid orders of loan, or tl

of the pells record, or the tellers make payment upon f

der, according to each perfon's due place and order as

directed, then he or they (hall be adjudged to forfeit, ;

ref|)e<ftive deputies and clerks 'therein offending, to be 1

fuch a^ion, debt, damages, and co(h, in fuch manner a

penalties how faid ; all which faid penalties, forfeitures, damages, an

to be recover- j^ j^^ incurred by any the officers of the exchequer,

***• their deputies or clerks, (hall and may be recovered b)

of debt, bill, plaint, or information, in any of his A/

courts of record at IVeJlminJler ; wherein no eflbin, pro

privilege, wag;er of law, injunction, or order of reftrai

be in any wi(e granted or allowed.

No undue ^^* I^ovided always, and it is hereby declared, T\

preference, (ball happen that feverai tallies of loan or orders for pay

aforefaid, bear date or be brought the fame day to the at

the receipt to be regiftrcd, then it (hall be interpreted n<

174* •! Anno dcQttio quinto Georgii IF. c. j. 5

preference which of thofe be entred firft, fo as he enters them
all th^ fame dav.

' V. Provided alfo. That it (hall not be interpreted an undue Subieqaent
preference, to incur any penahy, in point of paymenf, if the orders may be
auditor dired, and the clerk of the pells record, and the tellers P*'^ *''**",^**«
do pay fubfequent orders, to perfons that come and demand their f^^ i^^onev
monies, and bring their orders, before other perfons that didbeieft to pay
not come to take their monies, and bring their orders in courfe ; precedent or.
to as there be fo much money referved as will fatisfy precedent ^^^'^j)!!^ <^*'
orders, which (hall not be otherwife difoofed of, but kept for"**^^-
them, intereft upon loan being to ceafe from the time the mo-
ney is fo referved and kept in bank for them.

VI. And be it further enadted. That all and every perfon and Transfers al.
perfons to whom any money (hall be due for loans to be regi*low*d.
ftred by virtue of this a£t, aner order entred in the book of re-
gifter as aforefaid, bis, her, or their executors, adminiftrators,
or afligns, by proper words of affignment to be indorfed and
written upon his, her, or their order, may a(fign or transfinr his,
her, or their rieht, title, intereft and benefit of fuch order, or
any part thereof, to any other; which being notified in the office
of the auditor of the receipt aforefaid, and an entry or memo«.
rial thereof alfo made in the book of regiftry aforefaid for orders
(which the officers (hall upon requeft without fiee or charge ac-
coidingly make) (hall intitle fuch a(rignee, his, her, or their ex-
ecutors, adminiftrators, fucce(rors, and a(rigns,.to the benefit
thereof and payment thereon, and fuch affignee may in like man-
ner affign again, and fo Mies fuptiis ', and afterwards it (hall not
be in the powef of fuch perfon or perfons who have or hath
made fuch affignment, to make void, releafe, or difcharge the
t iame, or any Sie monies thereby due, or any part thereor.
( VII. And to the end there may be no want or failure of a cer-
tain fum, not to exceed in the whole the faid fum of one million,
to be nifed either by fuch loans as aforefaid, or by ifluing ex-
chequer bills as is herein after mentioned, or by both or either
of thofe ways or means, for the publick fervice ; be it further
enaAed by the authority aforefaid. That in cafe the commi(fion- Treifury may
ere of his Majeft/s treafuiy, or any three or more of them raife the fum
now being, or the high treafurer, or any three or more of the by exchequer
commiffioners of the treafury for the time being, (hall judge it ^'t
more advifeable to raife the (aid fum of one million, or any part
thereof, bv exchequer bills inftead of fuch loans as aforefaid ;
that then they refpedively are hereby authorized and impowered
t at any time or times to prepare and make, or caure to be pre-
. pared and made, at the exche(;|uer any number of new exchequer
i'^ faiUs for any fum or fums of money, not exceeding in the whole
the faid fum of one million, together with fuch loans as afore-
faid, in the lame or like manner, form, or order, and according to be made
ki: to the fame or like rules and dire<5lions, as in and by a certain out according
i- aft of parliament for continuing the duties upon malt, mum, Jhc^ljJjJ^*^^,
:: cyder, and perry, for the fervice of the year one thoufand feven
i^ B 3 hundred

^ Amx) declmo quinto GCORGIT IT. C.4jSJS^ ri74<i

bundred and forty two, are enacted and prefirribed oonceming[

the exchequer bills to be made in. purfuance of the faid aA.

and carry the VIII. And be it furrfier enaAed by the authority aforefaid,

fiime powerfy That all and every the claufes, provifoes, powers^ privileges,

^« advantages, penalties, forfeitures, and difabilities contained in

the faid laft- mentioned adt relating to the loans or exchequer

bills authorized to be made by the fame aA (except fuch daufes

as do charge the fame on the duties or impofitioris granted or

continued by the fame a6t) (hall be applied and exteikled to the

exchequer bills to be made in purfuance of this ad, as fully and

effedhially to all intents and purpofes as if the faid exchequer

bills had been originally authorized by the fiiid laft-mentioned

aA, or as if the Taid feraral claufes or pro^fees had been p0Krd-

eularly repeated and re-enaAed in the body of this prefent aft.

The exche- IX. And be it enaAed by the authority aforefaid. That aD

querbillstobe the exchequer biils^which (hall be made in purfuance of this aftp

paid out of the j^d the intereft, premium, rate, and charges incident to or attend-

finking fund, j^^ ^j^ ^^^ ^^, ^ ^^^ ^^^ ^^^ charged and chargcAle

upon and (hall be rep:ud and born by or out of the growing pnn
duceof the faid forpluffes, exceiTes, and overirfus monies cam*
monly called The Jinking fund (except fuch monies of the &id
finking fund as are appropriated to any pardcular ufe or ufet by
any former or other aA or aAs of parliaofient in that behalf) and
fuch monies of the (aid finking fund fhall and may be ifliied and
applied, as faft as the fame can be regularly (faited and afcertafan
ed, for or towards ptying off, cancelling, and difcharging foeh
exchequer bills, intereft, premium, rate, and charges, until tht
whole of them (hall be paid off, cancelled, and dtlcharged, e(
money fufficient for that purpo(e be kept and referved in thi
exchequer, to be payable on demand to the refpeAive proprie-
tors thereof.

CAP. IV.

An a£l for piuiifliing muHny and defertion ; and (or the bettor paymeal
of the array and their quarters. £XP.

CAP. V.

An a£V for continuing and making more effeAual an aft nude in tV
feventh year ot the rei^ of hit late majeftv King George theTirft. in*
tituledy Jm oB for r^atring tht road from frendonftr to tbi tmvm ^ Brnk-
ingham in tbt county of Bucks \ and for building a bridge at P^dbuiy, wL
making it a county bridge.

Tbt tolls mltend^ and cmtmued for ai jtdrs.

CAP. VI.
An aft for enlarging the term and powers granted by two aftf of parii^
ment, one of the eighth year ot the reign of her late majefty Qycei
Aune» and the other of die ninth year of the reign of hh late raa|efii
King George the Firft, for repairing the highways between tlic hpul
commonly called ^be Horjhoe lioufe^ in the parifli of Stoke GoMiAgtai
in the county of Bucks, and the town of Northampton, and thcfiMH
from the north bridge of Newport Pagnel in the county of BuckSi to tbi
Borfiioe Houfe.

^e two ails C9it^imid for zijiteru

CAP

174^-T Ajuk) dedmo qulnto Georgh II. c 7j^is: 7

CAP. vn.

An aft for enlarging the term and powers granted by an a£l paffed in the
^^ 1. .. .._. „.__ .^... . .^ A. ^ . p.^^^

t •/ Bnm&rwi to tbi towm of Btrrnn^bam in tbe county of Warwick {
lb far as the Eud a£l relates to repairing the roads leading from tbe town
of Dudley to tbe town of Bromlgrove in the county of Worcefter j and
far making the fame more effedual.

Cmtttrntmue for ii jrf«r/.

CAP. vni.

Aa ift for laying a duty of two pennies Scots, or one iixth part of a*
penny fterhnc> upon every Scots pint of ale and beer which (hall be
brewed for fate, brought into^ tapped^ or fold within the town of
Kirkcaldy, and liberties thereof.

CAP. IX.
An aft (br enkrEinj; the ^erm and powers granted by two afts of parlia-
menty one of the nm, and the other of the twelfth year of the reign of his
late majefty KingGeorp the Firft, for repairing the highways between
Tyburn and Uxbridge m the county of Middidbs j and for amending
the road leading from Brent-Brid^, over Han well-Heath » through tht
poriihet of Hanwell, New-Brentford, and Ealingi to the great weftera
road in the (aid county.

72/ q3s eoHtinued for xijearu

CAP. X.
An aft for istptuning, amending, and making more efllMhial two a^of
parlianenty one patted in the ninth and teotn years of the reign of Ma
ate majeify King William the Third, for erefting workhouies, and
honliss of oorre^Bon, in the town of Kingflon upon Hull, for the em-
idoymoDt and maintenance of the poor tliere ; and the other pafled in
the eighth year of the reign of her late maiefty Q^een Anne, for tha
mofecffeftoalproviiioa of thepoorinth€£udtown. ^

CAP. XI.

An aft for grandng an aid ta his Majefty by a land tax to be raifed in
Great Britain, for the fervice of the year one thoufand (even hundred
ai»d forty two. Exp. 4. s. ni tbi pound.

CAP. XII.
An aft to escplain and amend an aft palTed in the twelfth ytzv of his pre*
irnt Ma)dty*s reign, intituled. An oB to enable tbetmnfi>ioners rf SMtt
Cmtberine CoUmmm^ in Fencburcb Street in tbe city of London f to rebuild tb§
ebmnb tf tbefmdpartjb \ and for making the faid aft more effeftual for
tbe purpoCn thereby intended.

CAP. xni.

vfe oB for efiabU/fdn? an agreement with tbe governor and
companf of tbe baidi of, England, for advancing tbe fum of
Mf mUionfix hundred tboufand pounds j towards tbe fup-
^for tbe fervice of tbe year one tboufand feven hundred
and forty two.

WHEREAS fy an aJf of parliament made and paffed in the preamble, re-
femntb year ef the retgn of ber late majefty ^een Anne dting the afts
B 4 ( intituled f yAmie^ a 7.

I Anno decimo quinto GeoRGil It. c. jf, [174^^

(tntituUdy An zA for enlarging the capiul ftock of the bank of
England^ and for raifing a further fupply to her Majefty, for the
fervice of the year one thoufand feven hundred and nine) it was
diclared and enaiftd^ That tbejaid gwirnor and tompOHy of the bank
§/ England, and their fuccejfon for evtr^ Jbould cMtinueanJ hi m
h§d^ corporate and politici, and Jhould for ever have^ receive^ and
enjoy the entire yearly fund of one hundred thcufand pounds therein
mentioned^ out of certain rates and duties of exctfe therein defcrihed^
and fucb ahilittes^ capacities^ powers^ authorities^ franclnJeSy ex*
emptions^ privileges J profits j and advantages^ as are therein exprejfedi
fuijeSi neverthelefs to a power and condition of redemption in tbataS
eontained in that behalf \ and it was thereby provided and ena&ei,
That at any time upon twelve months notice after the firji day of
Auguft, which Jhould be in the year of our Lord one thoufand Jeven
hundred and thirty two^ and not before^ and upon repayment by par'
Jiament to the faid governor and company of the bank of England, or
their fuccejfforsy of the feveral fums amounting to one milKon fix bun^
dred thoufand pounds therein mentioned^ without any dedu^on, £f
eount, or abatement what/oever to be made out of the faidjiim of M
million fix hundred thoufand pounds^ or any part thereof^ and upon
payment to the faid governor and company y and their fuccejfors^ of all
arrears of the faid one hundred thoufand pounds per annum, and all
the principal and inter eft money which Jhould be owing unto them upon
allfuch tallies^ exchequer orderSy. or parliamentary funds^ which the '
faid governor and company ^ or their JucceJforSj Jbmdbave remnimng
in their hands, or be intitled to, at the time offuch notice t^ he given
as aforefaid; {fuch fundsy for redemption whereof other provifion
was made in the fame aff, only excepted) then, or in Jitch eafcy and
net till then, the faid yearly fund of one hundred thoufand Pounds^
Jbould ceafe and determine \ ashy the faid aH (relation being thereunto
bad) may more plainly appear : and whereas by an a^ of parliament
Afid It Anne, made and pajfed in the twelfth year of her faid late Majeftfs reign
ft.i. c. 21. [intituled^ An a<£l to raife one million two hundred thoufand
pounds for publick ufes, by circulating a further fum in exche*
quer bills, and for enabling her Majcfty to raife five hundred
thoufand pounds on the revenues appointed for the ufes of her ci-
vil government, to be applied for or towards payment of fuch
debts and arrears, owing to her fervants, tradefmen, and others,
as arc therein mentioned) // w, amongfl other things, declared and
enaSfed, That the before recited provifo or condition for determining the
faid yearly fund of one hundred thoufand pounds, upon twelve months
notice, after the faid firfi day of Auguft, one thoufand feven bun^
dred ana thirty two, upon fuch payments as aforefaid, Jhould he and
was thereby repealed and made void', and that the faid govemvr and
lompany of the bank of England, and their fucceffors, for ever,
Jbould remain, continue, and be one body corporate and politick, by the
name ofTht governor and company of the bank of England, and
Jhould for ever have, receive, and enjoy the faid entire yearfy fund
of one hundred thoufand pounds out of the Jaid rates and cbities of
excife, together wit 6 a perpetual fuccejfton, and all abilities, capaa^
ties, pojverf^ authorities, franchifef, exemptions^ privileges, profits,

and

't7A^*] Annadedmo qointo Gborgii II. c.ij,

dttJ advantages whatfievir^ tuhereunto the governor and company of
tbi bank of England are^ or before the making of the faid a£i were
iniitlid by any a£J or affs of parliament ^ grants,^ or thorters then in
fercty fubjeQ neverthekfs tojuch reflri£tions^ ruleSy dire^ions^ agree^
mentSy matters and things^ as in the faid ails and charters^ or any of
tbeusj then in force^ were contained orprefcribed\ and it was thereby
dfo further provided and enaSted^ That at any time^ -upon twelve
mstbs noticey after the firjl day of Auguft, which Jhould be in the
year of our Lard one tboufand feven hundred and forty two^ and not
before^ and upon repayment by parliament to the faid governor and
tympany of the bank of England, or their fuccejorsj of the faid
fiutt of om million fix hundred thoufand pounas^ without any deduc^
tiouj difcountf or abatement whatfoever^ and upon tayment to the
faid governor and company^ and their fuceeffors^ of all arrears of the
faid one hundred tboufand pounds per annum, and all the principal
and interejl money which fbould be owing to them upon allfuch tallies^
exebepur order s^ or parliamentary funds ^ which the faid governor
qnd company y or their fucceffors^ Jhould have remaining in their
bands J or be intitled tOj at the time offuch notice to be given^ as d-^^
forefind\ (fucb funds/for redemption whereof other provifipn is modi
in the feud former aifs^ or any of them^ or in the faid netted aSlj
ehMS excepted) then, and in fiicb cafe^ and not till tben^ the faid
yea^l^ fund of one hundred thoufand pounds Jhould ceafe and deter-
mine; and it is alfo further provided and ena^edj That from and
ofterfuch redemption of the faid one hundred thoufand pounds per an*

Vixxm^ndfrom and after redemption Jhould be made by parliament of the
of on

onnuity of one hundred and fix thoufand five hundred and one pounds^
thirteen fldlUngs^ and five pence^ by the faid recited aH of thefeventh
jear of her faid late Majefifs reign^ fettled and payable to the faiS
governor ana company ^ in the manner therein mentioned^ and from and
ofter redemption Jhould likewife be made of the fund efiablijbed by the
faid rented aSt^ in relation to the faid exchequer bills \ then^ and
mt tiUthen^ the faid corporation of the governor and company of the
bank of England fbould ceafe and determine \ but till then the faid
governor and company Jboula continue a corporation^ and Jhould have
and enjoy all the powers and privileges they were intitled tOj as afore-
faidj as by the fame a£t {relation being thereunto had) may more
ftdty appear: and whereas the faid governor and company of the bank
if Ei^and, in regard the common inter efl for money is very much
kjfened under your Majefifs mofl aufpicious government^ are willing
and contented to advance and pay into the receipt of your Majefly*s
exchequer^ towards the fupply granted to your Majejly for thejervice
of the year one thoufand feven hundred and forty twoj the further
fumof one million fix hundred tboufand pounds^ upon their prefent
jeirly fund of one hundred tboufand pounds^ being allowed a difcount
after the rate of three pounds per centum per annum for thcfame^
from the refpeSlive time or times of advancing or paying the faid fum
of MO nuUion fix hundred thoufand pounds^ or any part thereof^ into
the exchequer J as aforefaid^ to the firfi daj of Auguft, one thoufand
fewn bwidred and forty three^ over and above the faid yearly fund
^f one bnndred tboufand pounds, and the faid governor and company

id Anno decimo quintoGBOieGn IL c. 13/ [^74^.

tf thi bank of England, are alfo willing te accept rf an annuiiy ef

ninety fix thoufiind pounds from the fatd firjt day of Auguft, one

thoujand feven hundred ana forty three ^ being afier the rate of three

pounds per centum per annum, upon the whole principal fum of

three million two hundred tboufand pounds^ together with the allow^

ante of four thoufand pounds per annum, hitherto granted them to^

wards their charges of managementy fubje^ to fuch conditions and

power of redemption as are herein after mentiinei\ prowded that the

prcfent yearly fund of one hundred thoufand pounds payable to thefM

governor and company y in refpeSf of their faid original capital of one

million fix hundred thoufand pounds^ be continued unto them until the

Jaidfirfi day /?/ Auguft, one thoufand feven hundred and forty three^,

and that the privilege of excbtfivt baniingy and all other the abilities^

capacities, powers^ authorittesy franchifesy exemptions^ privileges^

profits^ and advantages in this affy or any former aSf mentioned or

containedy be granted and confirmed to the faid governor and compat^:

now we your Majefly's mod dutiful and' loyal fiibjcdts the cora-^

mons of Great Britain in pariiament aflembled, being defirouty

not only to raife the neceflary fupplies with as much cafe as is

poffible to your Majefty's fubjefls, for the carrying on the pre-.

fent war with vigour, but alfo to ufe fuch ways and means in

doina; thereof, as that your Majefty may harethe better and more

fpeedy effedl of the faid fupplies, and to encoursige the £iid gOi»

vemor and company to advance the faid fum of one million fix

hundred thoufand pounds in the manner herein after-mentioned,

do moft humbly befeech your Majefty that it may be tn3kSttA%

' and be it ena^d by the King's moil excellent majefty, by and

with the advice and confent ot the lords fpiritual and temporal,

and commons, in this prefent parliament aflembled, and by die

Bank to ad- iuthority of the fame. That the faid governor and company of

^^"^^ the bank of Englandy and their fucceflbrs, (hall advance and pay

fer^'^prcfcnt ^^^° *^ '^'^ receipt of his M^^efty's exchequer for his MajeAy's.

year. ufe, the full fum of one million fix hundred thoufand pounds,

on or before the twenty fifth day of December, one thoofaad

feven hundred and forty two, at fuch times, and in fuch proper-

not toSlldk* tions, as the commiflioners of his Maicfty's treafury, or any

thaa 4.00,0001. t^^^^ or more of them, or the high treaiurer for the time being,

at a munth^s (hall think fit to dire(5t and appoint, fo as the faid governor and

motice. company be not obliged to pay more than four hundred thoufand

pounds at any one time, nor without having one month's notice

before each refpedive time of payment.

II. Provided always, and it is hereby enaSed and declared

by the authority aforefaid. That out of the faid fum of one

million fix hundred thoufand pounds, the faid governor and

Three per company (hall have and receive back by way of difcouift, to

dif * ^*f*d much as the intereft at the rate of three pounds per centum per

oucountcd. ^^^^ for each fum of money which (hall be aftually advanced

and paid, for or upon account of the faid fum of one million fy;

hunared thoufand pounds (hall amount unto, from the day of

the acflual payment thereof, until the'firft day of Augtefi^ one

tboufand feven hundred and forty threes and in cafe the nid go*

vemor

1742. J AnnddecimoquintoGEORGiiIL ci^. it

vemor and company of the bank of England (hall make falluhr
in any of the faid payments fo by this adt appointed to be mado
into his Majefty's exchequer, as aforefaid, at or before the refpedt-
ire days or times limited before in that behalf, the money where*
of fuch failure in payment (hall be made, (hall and may be re-
covered to his Majeft/s ufe,by a6tion of debt, or upon the cafe^
bill, fuit, or information, in any of his Majefly's courts of re«
cord at Weftnnnfter^ wherein no eflbin, protection, privilege^
or wager of law (hall be allowed, or any more than one im«
parlance; in which aAion, bill, fuit, or information, it (hall be
lawful to declare, that the faid governor and company of the
bank of England are indebted to bis Majefty the monies of which
they (hall have made default in payment, according to the form
of this ftatute, and have not paid the (ame, which (hall be fuf-«
licient; and in or upon fuch aftion, bill, fuit, or information^ Thebank on
there (hall be further recovered to his Majeft/s ufe againft the failure of pa^
laid governor and company of the faid bank of England^ damages, ment, to for.
after the rate of twelve pounds per centum for the monies fa un* f«lt itl. per
paid contrary to this aft, befides full cofts of fuit, and the (aid ^' '^"* .
governor and company of the bank of England^ and their fuc* ^^'^^^
ccflbrs, and thdr (aid (lock and funds, (hall be, and are hereby .
made fubjeft and liable thereunto.

HI. And for the encouragement of the faid governor and com-»
pany of the bank of England to advance and pay the faid fum of
one million fix hundred thoufand pounds, with fuch difcount
out of the fame as afore(aid ; and to the end the faid governor
and company^ and their fucceflbrs, may have a competent re-
compence and confideration for fo doing; it is hereby declared Yttm^oti of
and enaAed by the authority aforefaid. That the faid leveral and redemption in
refpdftive provifoes contained in the faid recited afis of the (e- the a6& 7 and
venth and twelfth years of the reign of her late majefty Queen <» ^n* >«*
Annt^ and each of them, and all other provifoes contained in P^^
any other aA or aAs of parliament for determining the faid
fiind of <me hundred thoufand pounds per annum^ and the faid
corporation of the governor and company of the bank of Eng^
landy upon the refpeAhre notices and payments in the fame re-
fpeclive ads mentioned, (hall be and are hereby repealed and
made void; and that the faid governor and company of the bank ^ . '

of England fo enlarged as aforefaid, and their fucce(rors for ever 1^1^ f^-
(hall remain, continue, and be one body corporate and politick, S^^, and
by the name aforefaid, and (hall for ever have, receive, and en- (exclufive
joy the faid entire yearly fund of one hundred thoufand pounds^ banWng con-
out of the faid rates and duties of excife, together with a perpe- ^"™^>
tual fucceffion, and privilege of exclufive banking, as herein af-
ter is mentioned; and all other abilities, capacities, powers, au-
thorities, firanchifes, exemptions, privileges, profits, and ad^ • •
vantages whatfoever, whereunto the eovemor and company of
die Mnk of England are, or before the making this a^ were,
intitled by the faid ads of the feventh and twelfth years of the
fdgn c^ her (aid late majefty Queen Jnne;, or either of them,
pr% any ot)ier ad or aas of parliament, grants, or charters

what-

>9 Anno decimo quinto Georgii TL C.13: [x742.

whttlbever now in force, all which are by this a£t ratified and
confirmed to the faid governor and company, and their fuccef*
ibrs, freed and difcharged of and from the faid provifoes and
conditions of redemption hereby repealed, or intended to be re-
pealed as aforefaid, and all other provifoes, powers, aAs, mat-
ters and things whatfoever, heretofore had, made, done or
committed, for redeeming, determining or making void the
faid corporation, or yearly fund of one hundred thoufand pounds,
and the faid privilege of exdufive ^nking, and all other their
abilities, capacities, powers, authorities, franchifes, exemptions,
privileges, profits and advantages, or any of them, fubjeift never-
tbelefs to fuch reftridions, ililes and dire£Uons, and alfo to fuch
other agreements, matters and things, as in the faid ads and
charters, or any of them now in force are contained or pre^
feribed, and alfo fubjed to the power and condition of redemp-
tion, hereafter in this zA contained in this behalf.
. IV. Provided always, and it is hereby further enaded by the

r^^"*^*^ *• authority aforefaid. That at any time upon twelve months
^ notice arter the firft day of Augufl^ which (hall be in the year of

. oar Lord one thoufand feven hundred and fixty four, and not
before, and upon repayment by parliament to the faid governor
and company of the bank of Eftgland, or their fucceflors, as well
of the faid fum of one million fix hundred thoufand pounds for-
merly advanced,as of the fum of one million fix hundred thoufand
pounds before mentioned, now to be advanced* amounting in the
whole to the fum of three million two hundred thoufand pounds,
without any dedutSlion, difcount or abatement whatfoever to be
■^ . made out elf the faid fum of three million two hundred thoufand
)K>unds, or any part thereof; and upon payment to the faid go-
vernor atul company, and their fucceflors,' of all the arrears of
the faid one hundred thoufand pounds per annum^ and all the
pl'incipal and intereft money which (hall be owing unto them
upon all fuch tallies, exchequer orders, exchequer bills or par*
fiamentary funds, which the faid governor and company, or
their fucceflbrs,. (hall have remaining in their hands, or be in*
titled to at the time of fuch notice to be given, as aforefaid;
fuch. funds for redemption whereof other provifion is made In
SGeo. i^csf. ttnd by one a£t of parliament made and pa(red in the eighth year
, of the reign of his late majefty King Giorge the Firft, mtituled.
An aQ to enable the South-Sea company to difpofe of the effeSis in their
hands by way of lottery or fubfcrtption^ &r to felt part of their fund
or annuity^ payable at the exchequer^ in order to pay the debts of the
faid. compat^i and for relief of fuch who were intended to have the
•benefit of a late aSt touching payment of ten pounds per centum
-therein mentioned '^ and in and by one other a£t of parliament
tGeo.sc. s.-made and pailed in the firft year of bis prefent Majcfty's reign,
intituled, An ail for granting an aid to his Majejly by fale of an^-
jsuities to the bank' of England at four ptmnds per centum redeem^
-able by parliament^ and charged upon the duties on coals $nd culm ; and
for further applying the produce of the finking fundy and for #»*
hrging the iimt f9T exchanging Nevis and Saint Cbriftopher*! icy

bektura

-174^0 Anno declmo quinto Georgii II. c. 1 3. 13

hinSuresfor anamtus oftbrii pmnds per centum; and for applying
ihi arrears of bis late Mojejly^s civil Isfl revenues ; and by one other
ad of parliament made and paflcd in the fecond year of the reign ^ q^^ ^ ^^
of his faid prefent Majefty^ mtitulcd, An a£f for raijing a fum of
fne fmUion two hundred ana fifty tboufani pounds ^ by fale of annus*
ties to the bank of England, after the rate of four pounds per cen-
tum per annum redeemable by parliament \ and for applying the pro*
duu of the finking fund\ always and only excepted; then, and
in fuch cafe, and not till then, the faid yearly fund of one hun-
dred thoufand pounds (hall ceafe and determine.

V. And to prevent any doubts that may arife concerning the
privilege or power given by former adts of parliament to the faid
governor and company of exclufive banking, and alfo in regard
to the erefting any other bank or banks by parliament or re-
draining other perions from banking, during the continuance of
the faid privilege granted to the governor and company of the
bank of England^ as before recited ; it is hereby further enadled
and declared by the authority aforcfaid. That it is the true in-
tent and meaning of this aft, that no other bank (hall be eredt- ^°^**^^^
cd, cftabli(hed or allowed by parliament, and that it (hall not [^ part^enWp
be lawful for any body politick or corporate whatfoever, ere<5ted of more than
or to be ereiftcd, or for any other perfons whatfoever, united or fix pcribns,
to be united in covenants or partner(hip, exceeding the number during the
of fix perfons, in that part of Great Britain czMtd England, to^^^^^^^^
borrow, owe, or take up, any fiim or fums of nioney on their
bills or notes payable at demand, or at any lefs time than fix
months from the borrowing thereof, during the continuance of
fuch faid privilege to the faid governor and company, who are
hereby declared to be and remain a corporation, with the privi-
lege of exclufive banking as before recited, fubjed to redemp-
tion on the terms and conditions before mentioned ; that is
to (ky, on one year's notice after the firft day o(Auguft^ one thou-
fand feven hundred and fixty four, and repayment of the three
million two hundred thoufand pounds, and all arrears of the
one hundred thoufand pounds per annum, and all the principal
and intereft money that Ihall be owing them on all fuch tallies,
exchequer orders, exchequer bills, or parliamentary funds (fuch
funds as are before-mentioned only and always excepted) which
the faid governor and company, or their fucceiTors, (hall have
remaining in their hands, or be intitled to at the time of fuch
notice, to be given as aforefaid, and not otherwife; any thing
in this aA, or any former adl or a<5ts of parliament to the con-
trary in any wife notwithftanding.

Vl. Ana whereas by the faid recited aif of parliament made and
pajfedin the twelfib year of the reign of her late majefiy ^een Anne,
it is, ismon^ft other things enabled. That it fljall and may be lawful
fer the faid governor and company of the bank of England, and their
fiucejfors, for their neceffary occafions, to call sn, or direct to be paid
to the faia governor and company, and their fucceffirSy by the rejpec*
tive members of the faid company for the tme being, proportionably to
thdr refpeRive interns in the fund or capital flock of the faid govern
z tor

14 Aonp decimo quinto G£ORGii IL & 13. {i74^.

»#r and company y any fum orfums of money which the faii govenm
and company in a general court f ram time to timejbould think neceffary,
which monies Jhouid be called tn on fuch notices^ and in fucb manner,
and under fucb penalties^ as in the /aid recited a£f are prejcrihedi and
that it Jbould be lawful for the feud governor and company^ from
time to timcj ina general courts to declare the faid money fo called in, or
any part thereof, and from fuch times as fuch general court Jbmid
dire6i^ to be added to toe capital flock of the fa'id governor and com^
patiy, and that from thenceforth Juch monies Jbould be deemed and
taken as part of the capital jfiock of the faid governor and company,
jmd that the capital flock of the laid governor and company flmdd be
proportionably enlarged thereby, but no power is given them by that or
any other a£l to encreafe their capital Jlock^ by admitting or taking m
fubfcriptions from any other perfon or perfons than the proprietors:
and whereas it is neceffary that the faid governor and compare JbouU
he enabled to ferve the puhTick in fuch way and manner as fiaU hi
mofl fafe and convenient for them\ be it therefore enaAed by tbe
auttiority afore(aid. That it (hall and may be lawful to and for
u*^"*^^^'*" ^^ ^^^ governor and company of the bank of England, and
SSSclMuS] *^*"' fuf:ceffors, in cafe the^ fliall think fit, and not otherwUe,
*«to admit and take in ifubfcnptions from fuch perfon or perlbns,
and upon fiich terms and conditions, and at fuch times as thqf
ihall think proper for enlarging their prefent capital to any fum
not exceeding the further fum of one million fix hundred thoa-
fand pounds additional ftock,and from time to time in a eenendi
court to declare, order, and make the (ame or any part mereof»
and from fuch time or times as fuch general court (hall order and
dire£l,^o be added to the prefent capital (lock- of the faid gover*
nor and company, aod that then and from thenceforth, fooh
monies (hall be deemed and taken to all intents and purpofes,
as and for part of the capital (lock of the fiud governor and com-
pany, and the capital (lock of the faid governor and compaay
(hall be proportionably enlarged thereby, and that all and every
the perfon and perfons, natives and foreigners, who (hall fub-
fcribe any fum or fums of money, or for whom any fum or fums
of money (hall have been.fubfcribed towards the making up the
faid furtner fum of one million fix hundred thoufand pounds
Hock, or fuch part thereof, for wliich the faid governor and
company (hall take in fubfcriptions, and who (hall have paid^co
the (aid governor and companv the fum fo fuhicribed, and the
executors, adminidrators, anaaffignsof fuch perfon and per-
fons refpedively, (hall be, and be deemed and reputed to bc^
members of, and united to, and incorporated with the faid go-
vernor and company of the bank of England, and (hall at all
times, together with the other members of the faid corporatioa
and body politick, and their fucceflbrs relpedlively be, and be
adjudged, conftrued, reputed, accepted, and taken to be one
body politick and corporate, by the name of Tbe governor and
eompany of the bank of England, fubjed to the fame rules, orders
and regulations, and intitled to the fame privilms, advantages
aod immunities^ with the prjcfent members of tm (aid corpora-

dOD}

I742«] Anno decimoquinto GeorgII II. c.i^. ^ i^

tion; any law, ftatute, or provilion to the contrary thereof^ ia
any wife notwithftanding.

VII. And it is hereby enacted by the authority aforefaid, Bankma? -
That the capital ftock of the faid governor and company of the tran»f«f their
bank of England^ fo increafed as atore&id, (hall be aflignableand "^'^ *^*^
traosfemble in the fiune manner as the original capital (lock of

the faid governor and company was ailignable and transferrable
before the making of this aA; ai>d together with the produce
ihereof, (hall be free from parliamentary taxes, charges and im-
poiitions, and all other taxes, charges and impofitions whatfo-
ever; and the transfers or affignments of ftock or additional
Aock in the books of the faid company, (hall not hereafter be
or be made liable to any higher or greater (lamp, or other duties
than are now payable for the transfers or a(rignments of their
prefent (lock, or any part thereof^ any thing in this a<£l contsun-
ed, or in any other adl or a£ls of parliament to the contrary in
any wife notwithftanding.

VIII. And it is hereby further enabled by the authority afore- Being gover*
faid. That no per(bn in refped of his beipg governor, deputy "if*^*!^^^^^
governor, director, manager or member of the faid company, ^me no dif-
or for having any ftock or (hare therein, or for any matter or ability,
thing to be by him done or performed in the affairs of the faid
corporation, mall be now or at any time hereafter difabled from

being or continuing, or from being elected, or ferving as a
member of parliament, or be liable, or fubjecEl to any penalty,
forfeiture or difability jprefcribed by any other adt or a£ls of par-
liament, for not qualifying himfelf to execute his truft with re-
fped to the afiairs of the &d corporation, as perfons who (ball
take or execute any office or place of profit or truft are fubjedt
and liable unto, by any law now in force, or be adjudged liable nor make Ua«
to be a bankrupt, within the intent and meaning of all or any ^^ ^ ^^ ^
the flatutes made againft or concerning bankrupts; any law, "^^"P^*
fiaiute or provifion .to the contrary thereof in any wife notwith-
ftanding.

IX.' Provided always, and it is hereby enaded and deda^-ed Provifo.
by thie authority aforelaid. That it is the true intent and mean-
ing of this a^ that the faid TOvernor and company of the bank
of Et^Umdy and their fucceifors^ (hall have, receive and enjoy
the faid annuity of one hundred thoufand pounds now payable
to them, in refped of their faid original capital ftock ot one
million dx hundred thoufand pounds, until the faid (irft day of
Auguftj which (hall be in the year of our Lord one thouiacid
feven hundred and forty three, ovef and above the intereft pf
the i^d fum of one million fix hundred thoufand pounds to be
advanced, as aforefaid; which intereft the faid governor and
company are to receive back by way of difcount in the maimer
herein before mentioned; any thing in this a&, or any former
ad or ads of pailiament to the contrary in any wi(e notwith-

X. And it is hereby alfo enaded and declared by the autho- ^. . „ .
vtj aforpfiudi That any vote or xefolution of the houfe of com- « ^i^e to .

mons the bank witli^

•lis Anno dcdtno quinto Georgii IL c. i 3. [ 1741;

, in "^^^' fignificd by the fpeaker of the faid houfc in writing, and

IneSSLaft.^^^*^^'^^ at the publick office of the faid governor and com-

^ ' pany, or their fucceilbrs, (hall be deemed and adjudged to be a

fuffictent notice within the words or meaning of this aft 5 any

thing herein contained to the contrary notwithftanding.

XI. And be it further enaded by the authority aforefaid,
^•J^oM coun- That if any perfon or perfons (hall forge, counterfeit or alter
^lteri""tank ^^^ ^^^^ "^^^» ^^^^ ^**' of exchange, dividend warrant, or any
notc»!^c* ^^^ ®r obligation under the common feal of the faid company,
tofufferdeatb.or any indorfement thereon, or (hall olFer or difpofe of or put
away any fuch forged, counterfeit, or altered note, bill, divi*
dend warrant, bond or obli^tion, or the indorfement thereon,
or demand the money therein contained or pretended to be due
thereon, or any part thereof, of the faid company, or any their
officers or fervants, knowing fuch note, bill, dividend warrant,
bond or obligation, or the indorfement thereon, to be forged,
counterfeited or altered^ with intent to defraud the faid compa-
ny, or their fucceflTors, or any other perfon or per(bns whatfo*
ever, every perfon or perfons fo offending, and being thereof
convicted in due form of law, (hall be deemed guilty of felony,
and (hall fuffer death as a felon without benefit of dergy.
Senrants XII. And be it further enadted by the authority atorefaid,

breaking their That if any officer or fervant of the faid company being entnift-
truft tothe ^j ^j^y^ ^^y ^^^^^ jjiu^ dividend warrant, bond, deed, or any
^? death! fe<^"ty, money, or other cffeds belonging to the (aid company,
or having any bill, dividend warrant, bond, deed, or any fecurity
or tfft&s of any other perfon or perfons lodged ordepofited wim
the faid company, or with him as an officer or fervant of the (kid
company, (hall fecretc, imbezil, or run away with any fuch note,
bill, dividend warrant, bond, deed, fecurity, money or efieds,
or any part of them, every officer or fervant fo offending, and
being thereof convidted in due form of law, (hall be deemed
guilty of felony, and (hall fuffer death as a felon without benefit
of clergy- * ^

Conftitutionof ' ^nf. JnJ whereas by the charter or conftltution of the faii im-
the company, pany^ it is ordained^ appointed, and declared^ That there Jhall be from
time to time for ever of the members of the faid company^ a gover^
nor^ deputy governor^ and twenty four direfforSj of and in the fM
corporation \ which governor^ deputy governor^ and direffors^ or any
thirteen or more of them {of which the governor or deputy governor
to be always one) Jhall be^ and be called a court of diredfors for the
ordering J managing and directing the affairs of the Jaid corporation^
and Jhall have fuch powers or privileges as are iierein mentioned:
and whereas by the above mentioned limitation it may fo happen that
a court of direflors cannot be held by reafon of the unavoidable ab^
fence^ or otherwife^ of the governor and deputy governor for the
time beings to the great damage and hindrance of the bujinefs of the
^^^^^^J^yfaid corporation \ be it therefore ena<aed by the authority aforc-
niM to7upX '»>«'» ^^^^ whenever a court of diredlors is fummoned or ap-
dft i^ience of pointed to be held, and the direAors (hall be met according to
the governor fuch fummons or appointment, if it (hall (b happen, that the

gover-

f 74^-1 Anno dedmo quinto GeoRGII IL C.14,— 1 S. 17

governor and deputy governor for the time being, (hall be ab- ^^ ^^ ^
fcnt for the fpace 6t two hours after the ufual time of proceed- ne. ^
jng to bufinefs ; it (hall and may be lawful for the directors, who
ihall be then met (of whom there (hall bealways thirteen or more)
or the major part of them,to choofe a chairman for that time^and
to proceed to bufinefs, and that the proceedings and ^&s of the
faid court of diredkors,' (hall be as valid and e(Fedtual to all in-
tents and purpofes, as if the faid governor, or deputy gover-
nor had been profent; any thing in their charter to the contrary
notwithftanding.

XIV. And be it further enafted by the authority aforefaid, Publick aft.
That this a/ft (hall be deemed, adjud^ arid taken to be a pu*
blick 2&J and be judicially taken notice of by all judges, ju-
fiices and other perfons whatfoever, without fpecially pleading
the fame.

CAP. XIV*
An Sift to explain and amend two a£b of parliament, one -made in the
ninth year of the rei^n of her late majefty Qoeen Annt, intituled, if«
mS fir np^uKiht bigbwajfs from Sbett Brulge in the parifb of Piter sfieU^
$9 tin town rfForifmmub in tbi cmmiy of SoutbMHpton $ and another aft
made in the twelfth year of the reign of hit late maiefty King George the
Fiift, for ei^gin§r the term in and by the (aid aa eranted, and for o-
ther porpoies thef em mentioned, and for enlarging the term and powers
by the uid laft mentioned ad granted.

An aft for enlarging the term and powers granted by an a£l pafled in the
thirteenth year oT the reign of his late majefty King Geoige the Firft,
intitoled, Jbta^fir repairing tbe rpaJs leadfptgfrom Cxreticefer tOFWH"i»end
USmni John's bridge in tbe county rf GUiuefier.

The aR contimted for ii yeeKTS*

CAP. XVI.
An i& fer continuing tbe powers granted hy three ftreral a6b of parlia«
ment (one fyc repairing the road from Stump-crois to Newmarket*
heath, and tbe town of Cambridge ; another for repadring the road from
Fonlmire to Cambridge \ and the third for explainine, amending, and
rendring more eife^al the faid two former mi\) and for enlarging the
terns granted by tbe laid two former ads.

Tbe firmer aBs contumed for %i jearu

CAP. 3iVIt.
An aft for enlarging the term and powers granted by an aft pafled in the
ieventh jtas of the reign of his late majefty King George the Cirft, for
repairing the feveral roads leading from the town of Ludbury in the
county of Hereford, to the feveral places therein mentioned \ and fwr
making the faid aft more effeftuad.

ne firmer aS continued for ii yeartm

"CAP. xvin.

An aft to render more eifeftual an aft made in the ninth and tenth
vean of the reign of his late majefty King William the Third*
mtifuledt ii e^ fir ereBueg bojpitaU and nxorkkonfei 'witkm tbe town a/*
oicbHier im tbe countj ^ Efix, Jar the better tmplojing and maintaimng ibe
poor tbereitf*

Vol. xvin. c CAP.

t s Anna dedmo quinto Georgii 1L C. tg. [i 742 1

CAP. XIX.
jln a£l for granting to bis Maj^ the fum of eight bundnd
' tboufand pounds^ to be raifed by annuities transf err able at

the bank of England-, and for afcertainit^ the cu/ioms and
duties upon quick-Jilver taken as prize during the prefent
war\ and for the further appropriating the fup^es
granted in this fejjton of parliament.

Mfft gracious Sovereign^

Ptcamb'e, \KI ^ ^^^^ Majcfty's moll dutiful and loyal fubjeds the oom-
Y V mons of Great Britain in parliament ailembled, being de-
firous to raife the neceflary fupplies which we have chearfiilly
granted to your Majefly, in the eaiieft manner we are able, m
the benefit of your fubjeds, have freely and voluntarily given
and granted, and bv this aA do give and grant unto your Ma>
jefty the futn of eight hundred thoufand pounds, to be railed ia
fuch manner ^nd form as is herein after directed; and to that
end do moft humbly befeech your Majefty that it nuy be en-
acted ; and be it enaAed by the King's moft excellent majcftyi
by and with the advice and confent of the lords fpiritim and
temporal, and commons, in this prefent parliament aflemhicdi
The finking and by the authority of the fame, That the annuities which by
fund appro- this a£l (hall be granted and made payable, in relped of the 6id
ihc*annuiiic»^ principal ium of eight hundred thoufand pounds, until redemp^
e ann 1 1 «. ^.^^ thereof by parliament in manner herein after mentionedf
(hall from and after the feaft day of the nativity of Saint JAn
thi Baptij}^ in the year of our Lord one thoufand feven hundred
and forty two, be charged and char^ble upon, and payable
out of the monies which from and after the faid feaft day (hall,
fix>m time to time, arife and be remaining in the receipt of his
Majefty's exchequer, of or for the furpluues, exceflfes or over-
plus monies of the fund, commonly called the Sinking fund^uA
the faid furpluiles, excefles or overplus monies are hereby ap-
propriated for that purpofe accordingly.

II. And for or towards raifmg the fum or fums of money, not
exceeding in the whole the faid fum of eieht hundred thou&nd
Subfcription- pounds for the purpofes aforelaid, be it forther enaAed by the
money to be authority aforefaid. That it (hall and may be lawful to and for
Eank*^ ^^^ ^^y perron or perfons, natives or foreigners, bodies politick or
corporate, to contribute, advance, ancTpay to the fint or chief
ca(hier or cafhiers of the governor and companv of the bank of
England for the time being, at or before the relpedive days and
times by this z& limited in that behalf, any fum or fums of mo-
ney not exceeding in the whole the (aid fum bf eight hundred thou«
fand pounds for the purchafe of any annuity or annuities, to com-
mence from the faid feaft of the nativity of Saint John the Bap*
tjft^ in the year of our Lord one thoufand (even hundred and
forty two, and to be paid and payable to fuch contributor or con-
^ tributors, or fuch as he, (he or they (hill nominate, his, her or
' their executors, adminiftrators, fucceflTors or a(rigns refpcAiveljr,

until

174^-1 Anno decimo quinto Georgii II. c* 19. 19

until the faine (hall be redeemed according to the tenor or true
meaning of the provifo or condition herein sifter mentioned in
that behalf, fo as fuch cafhier or cafhiers do firft'give fecurity to Ca(hierof the
the good liking of any three or mortf of the commiffioncrs of ^*"K5^ &^^
his Majefty*s treai'uiy now being, or of the high treafurcr or ^^^*v •
commifnoners of the treafury for the time beine, for duly an-
fwering and paying into the receipt of his Majefty's exchequer^
(or the publick ufe, the monies fo to be advanced or contribut-
ed, and to account duly for the fame, which annuities before
mentioned (hall be computed at the rate of three pounds per Annuities to
centum per annum for every one hundred pounds, and propor-be 3 percent.
tionably for any greater fum fo to be sidvanced or paid ^ and the

Eurchafe money for every fuch annuity, at the rate aforefaidj is
ereby appointed to be paid to the faid cafliier or cafhiers as afore-
faid, at or before the refpcftive days and times herein after ii-
sntted ; that is to fay, one fourth part thereof on or before the fixth Times of pay.
day of Jufyi in the year of our Lord one thoufand feven hundred JP? **?« ^"b-
and forty two ; and one other fourth part thereof on or before ^"P^»o»-mor
the fixth day of September then next enfuing ; and one other fourth
part thereof on or before the fixth day of November then next
enfuing i and the remaining fourth part thereof on or before the
iixth day of December then next following; all which annuities
ib to be pur(:haled ihall not exceed in the whole the fum of
twenty four thoufand pounds per annum^ and (hall be paid and
payable at two of the moft ufual feaftsor days of payment in the
year ; that is to fay, the feafts of the birth of our Lord Chrjft, Ti,nes of pav-
and the nativity of Saint John the Battijly or within (ix days after jng the an.
every of the laid feaft days, the firA payment thereof to be due niutifcs.
at the faid feaft of the birth of our Lord Chrift, which (hall be
in the year of our Lord one thoufand feven hundred and forty
two, or within (ix days after the faid feaft day ; neverthelefs the
£ud annuities (hail be redeemable according to the purport and yy^n^i^jg, ^^
true meaning of a provifo or condition herein after contained 5^ redeoa-
in that behalf and not otherwife \ and the faid ca(hier or ca(hiers able.
of the faid governor and company for the time beings is hereby cjjfljjgrto »?•
authorized and required, upon the advancing and paying to him receipts,
any fuch fum or fums of money as aforefaid, forthwith to give
a receipt in writing, (igncd by himfelf, for each payment, to the
contributor or payer thereof^ and from time to time to pay into ^^ pay the
the receipt of his Majefty's exchequer all the monies which he money into the
(hall receive of or for the faid fum, not exceeding eight him* exchequer,
dred thoufand pounds, as faft as he (hall receive the (ame, or
any part thereof, or within five days at the fartheft, and to ac-
count for all the monies fo to be adv^anced and paid to him in
his Majefty's court of exchequer, according to the due courfe
thereof ; in which account the faid ca(hier or caftiiers (hall have
juft allowance of all monies which ha (hall have paid for prompt
payment, purfuant to this a6l.

liL And it is herebv ena<fted. That in the office of the ac- Contribntnrt
comptant general of the governor and company of the bank of &ainc< t<> be
MugJ^ni for the time being, there (hall bt provided and kept a ^^^f ^j^^

Ca . '^oo'^btnk.

Daplkjite
boolcstobe

20 Anno dcdmo quihto Georgii IL c. rp. [17^

book or books, in which there (hall be fairly entered the naz
of all who (hall be contributors for fuch annuities, after the r
of three pounds p£r centum per annum as aforeiaid, and of all p
fons by whofe hands the faid contributors (hall pay in any oT
faid fums upon this adt, and alfo the fum fo paid ; 'to which be
or books it (hall be lawful for the faid refpedHve contribute
ttieir executors, adminiftrators, fucceflbrs, and afligns, firt
time to time, to have refort at all feafonable times, and to i
fpe<ft the fame without fee or charge ; and the faid accompts

feneral for the time being (hall, on or before the twenty fi
ay of March, which (hall be in the year of our Lord one the
the exchequer, fjjn J f^y^ hundred and forty three, tranfmit an attefted dup
cate, fairly written on paper, of the faid book or books, ii
the office of the auditor of the receipt of his Majefty's exchequi
there to remain for ever.

IV. And it is hereby enaAed by the authority afbrefaid, Tl
all and every contributor and contributors upon this a^, do
paying the confideration or purchafe money at the rate afor
faid, at or before the refpc6live days and times in this aA befc
limited in that behalf, for fuch annuity or annuities as a(bn
•faid, or fuch as he, (he, or they (hall appoint, his, her, or the
refpedlive executors, adminiftrators, fucceflbrs or afTigns, (h
have, receive and enjoy, and be intitled by vhtue of this ad 1
have, receive, and enjoy the refpeftive annuity and annuities :
to be purchafed out of the monies by this z6t appropriated 1
appointed for payment thereof as aforefaid, and (hall havegoc
and fure eftates and interefts therein for ever, fubjedt only to tt
provifo or condition of redemption in this adt afterwaras coc
tained concerning the fame ; and that all the faid annuities tot
purchafed on this aA, and the principal monies paid for tt
fame, and every of them during the continuance thereof, (hi
be free from all taxes, charges, and impofitions whatfoever.

V. And for the more eafy and fure payment of the faid an

nuities to be purchafed as a(orefaid, according to the true mean

ing of this prefent a£t ; it is hereby further enaAed by the aa

thority aforefaid. That the faid governor and company of tb

bank of England^ and their fuccellors, (hall, from time to time

until the faud annuities (hall be redeemed by parliament accord

ing to this a<ft, appoint and employ one fufficient perfon withi

their o(Ece in the city of L^ndon^ to be their chief or firft caflUc

or ca(hierS) and one other fufficient nerfon within the fame offia

to be their a^omptant general, and that fo much of the monic

of the faid furpUmes, exceflTcs, or overplus monies of the ftind

commonly called The finking fund^ which (hall or ought to b

from time to time feparated and fet apart in the £iid receipt a

exchequer, for anfwerin| the faid annuities to be purchafed up

on this a£t, after the faid rate of three pounds per centum pe^

annum^ (hall, by order of the commiffioners of his Majefty'

treafury, or any three or more of them now being, or of th(

hifijh treafurer, or commiffioners of the treafury of his Majefty

his heirs and fucceflbrs for the time being, without any furtha

01

Annuities to
be paid free
of charges*

The bank to
appoint a
chief calhier,
and an ac-
comptant ge-
neral.

174^*1 AnnodedmoquintoGEORGii 11. c. 19. ^i

ff other warrant to be fued for, had, or obtained in that behalf,
« from time to time half yearly as afbrefaid, iflued and paid at
be laid receipt of exchequer, to the faid iirft or chief cafhier or
afliicrs of the faid governor and company of the bank of Eng-
md^ and of their fucceflbrs for the time being, bv way of im-r
Heft, and upon account of the payment of tlie faia annuities to
M porchafed upon this aft, at fuch times, and in fuch manner
uu form as are by this ad prefcribed in that behalf; and that
n and every fuch cafliier and cafhiers, to whom the faid mo-
lies (hall from time to time be iflued, (hall from time to time
rithoat delay, apply and pay the fame accordingly, and render
lis accounts diereor according to the due courfe of the exche-
mer} any thing herein contained to the contrary notwith-
landing.

VI. And it is hereby alfo enadted, That the faid accomptant -pj,^ bufmcrs
jenerkl for the time being, (hall from time to time infpedt and of the ac<
xamine all the receipts and payments of the faid cafliier or comptant ge-
afluers, and the vouchers relating thereunto, in order to pre- "^^*^*

ent any ftaud, Negligence, or dday ; and that all and every
erfon and perfons whatfoever, who (hall be intitled to any of
le faid annuities, after the rate of three pounds per centum per
nnMr, and all jperfons lawfully claiming under them, (hall be
oflefied thereof^ as of a perfonal eftate, and the fame (hall not
e defcendabletothe heir, and (hall not be liable to any foreign
ttachment by the cuftom of London^ or otherwife ; any law,
aitute, or cuftom to the contrary notwithftanding.

VII. And for the encouragement of the contributors to ad-
ance and pay readily to the laid ca(hiei^ or cafliiers the fums by
hem intended to be advanced upon this adt ; it is hereby pro-
vided and enaAed by the authority aforefaid. That every fuch
xmtributor who (hall advance and pay to tlie faid cafhier or
a(hiers within the times limited by this aift, the purchafe money
>ayable for an annuity or annuities, at the rate aforefaid, his,
ler, or their executors, adminiftrators, fucccfTors, and afligns
efpedlively, (hall be allowed and paid out of the contribution-
noney, arifing by this a<£t, intereil after the rate of four pounds

ier eentum per anrium^ for prompt payment of the purchafe mo- ♦ ^- ^^j^^'
icy, or of fuch proportions of the purchafe money, as (hall be payment.
idvanced before the faid fixth day of July^ one thoufand feven
lundred and forty two, or before any other the refpe<nive days of
nyment, appointed by this a6^, as aforefaid, the faid intereft
o be computed, for the refpet^ive fums fo advanced and paid
o the laid ca(hier or ca(hiers, from the time or refpedlive times
)f the adual advancing and paying the fame to the faid ca(hier,
intil the faid refpedtive days of payment, appointed by this adl as
aforefaid.

VIII. And be it further enabled by the authority aforefaid. The money
That all the monies to be advanced or contributed upon this adt, contributcti to
iw, or towards the (aid fum, not exceeding eight hundred thou- ^* a capital
imd pounds, (hall be deemed, reputed, and taken to be one ^
9pital or joint ftock, on which the faid annuities, after the rate

C3 o?

Transfer
Ik?o>cs to be
kept..

Annuities
may be dc;

22 Anno dccimo quipto GeorGII IL C. 191 t^7^^^

pf three pounds per centum per annum, (hall be iittending ; and
that all and every perfon and perfons and corporations whitlb-
ever, in proportion to the money, by him, her, or them, ad-
vanced upon this adt, (hall have, and be deemed to have an in-
tereft or (hare in the faid ftock, and in the proportional annuity
attending the fame, at tAe rate aforcfaid, for the monies fo by
him, her, or them advanced -, and that the faid capitd, or
joint (lock, or any (hare or intereft therein, and the proportional
annuity attending the fame, (hall be affignable, and transferable
as this 2L&, direffls, and not otherwife ; and that there (hall con«
ftantly be kept at all feafonable times in the office of the Gu4
chief accomptant for the time being, within the city of Lenim^
a book or books, wherein all afTignments or transfers qf the dttd
(lock, or any part thereof, and the proportional annuity attend-
ing the fame, at the rate aforefaid, (hall be entered and regillitd,
li^hich ei>tries (hall be conceived in proper words for that purpoliri
and (hall be (igned by the parties making fuch aflignmenti or
transfers, or, if fuch party be abfept, by his, her, or their it-
pmey, thereunto lawfully authorised by writing under his, her,
or their hands and feals, to be atteiled by two or more crediMi
witnedes, and that the perfon or perfoos to whom fuch tranf-
fer (hall be made do underwrite his, her, or their aeceptancs
thereof; and that no other method of a(figning or transrerring <
f he faid (lock, and the annuities attending the fame, or any piff
thereof^ or any intereft ^herein, (hall be good or available lA
law.

IX. Provided always. That any perfon or perfons poflefled of
fuch (lock with the annuity or annuities attending the fame, of
^Tiy edate or intere(t therein, may deyife the fame by will, v^
writing, attefted by two or more credible witnefles, but thit
fuch devifee (ball receive no payment thereupon, till fo much of
the faid will as relates tg the laid ftock or annuity be entered
in the f^id office ; and in default of fuch ^ansfer or deyife, the
laid dock and annuities attending the fame, (hall go to the ex-
l7o ftampt on ecutors^^or adminidrators ; and that no damp duties whatfoever,
ti4nifers. (hall be*chargeable on the faid transfers, or any of them, any

other law or datute to the contrary notwithdanding.
Acceptors of X. And it is hereby enabled and declared, That all perfoni
Aock to pay y^ho (hall accept any aflisnment or transfer of any dock, from
TOnmiruiiwi ^ *"y contributor who ftafi have paid only part of the contribu-
tion-money for the fame, to the ufe of the publick, (hall be
liable to pay the refidue of the faid contribution-money, and to
fuch forfeitures for non-payment thereof, as the original con-
tributor would have been liable, if no fuch transfer had been
made.

XI, Provided always. That no pmrfon or perfons whatfoever,
(hall or may purchafe or obtain, or be admitted to purchafe or
obtain any of the annuitifss at the rate aforefaid, upon this ad,
unlcfs the whole, or one fourth part at lead, of the confidera-
f lop money for the fame, at fuch rate as aforefaid, be advanced.

Protifo.

I74S-] Anno decimo quinto Georgii II. c. 19. 23

«ad paid feo the faid cathier, on or before the fixth day of 'Julyy
QOt thoufand feven hundred and forty two.

XII. Provided alfo» That in cafe any fuch contributor as Penalty on not
aforcfiiid, who fliall, on or before the faid fixth day of July^ one pay»ni th«
Choufimd feven hundred, and forty two, have advanced to the money. '*°"
fiud calhier or cafhiers, one fourth part of his, her, or their

pufchife money, or his, her, or their executors, adminidrators,
iiiooeflbrs or ail^ns, do not advance and pay to the faid cafhier
or caihiers one other fourth part of his, her, or their confidera-
tion money, fo to be paid for fuch refpeftive annuity or annuities
a aforelaidy on or before the fixth day of September j then next
cofuingt and one other fourth part thereof, on or before the
fixth day of Nevember^ then next following, and the remaining
fourth part thereof, on or before the iixth day of December^ then
next following, then and in every fuch cafe refpedtivelv, fo much
pf the confideration money as (hall have been aftually paid for
the firfi payment, to the laid cafhier or cafhiers for fuch refpec-
tive annuity (ball be forfeited for the benefit of the puUick, and
no intereft at the rate aforefaid fhall be payable for the faid firil
payment, any thing in this adt contained to the contrary not*
withftanding.

XIII. Provided always, and it is hereby enafied by the au- ^^y ^^ ^^^^
thority aforefaid, That the faid governor and company of the tinue a corpj.
bank of England^ and their fuccefTors (notwithftandine; the re- ration till the
demption of all or any their own funds in purfuance of the a<Ss ann">^»cs be
for efbblifhing the fame, or any of them) fhall continue a cor- ^^ ^^^ '-
poration, with all the powers, privileges, and advantages there-
unto belonging for the purposes in this ad exprefTed, till all the
annuities to be purchafed on this a6t, fhall be redeemed by par-
liament, according to the provifo herein after contained in that

behalf; and that the faid governor and company, or any mem- This aa to
bers thereof, fhall not incur any difability for or by reafon of ^1*^*^^ "<* ^»^-
their doing any matter or thing in purfuance of this aA. ^ ^ ^^*

XIV. And it is hereby ena<Sed by the authority aforefaid. No fee to be
That no fee or gratuity wnatfoever, fhall or may be demanded taken of the
or taken of any of his Majefty's fubjefts for receiving or paying ^^"^" " ^^'
the faid contribution-monies, or any of them, or for any tallies

or other receipts concerning the fame, or for ifTuing the faid
yearly fund, or any part thereof, or for paying the faid annui-
ties, or any of them ; and that no fee or eratuity fhall be de-
manded or taken, for any transfer of any lum great or fmall to
be made in purfuance of this adt, upon pain, that the officer or
pcrfon offending, by takine or demanding any fee or gratuity
contrary to this a£t, fhall forfeit the fum of twenty pounds to
{he party p;rieved, to be recovered with full cofls of fuit in any
of his Majefty's courts of record at IVeftminfltr.

XV. Provided always, and it is hereby enadted. That the Allowance to
commiffioners of the treafury, or any three or more of them the calhiers^
now being, or the high treafurer, or any three or more of the
commiffioners of the treafury for the time being, fhall have

power 10 f^ow to the cafhier or cafliiers, who fhalj repeive the

C4 /aid

24

ont gene;-al.

M^inncr of re-
dcrcming of
the aiuiuitiesy

IVhat iball be
a fufficient
notice.

The money
liiay be raifed
bv cTCchcquer
blUi,

Anno decimo qidntx) G]S0EOii II. c. 19.' t^74h
faid contribution or zivmce money, not exceedine; dght bun*
dred thoufand pounds as aforeraid, for his or thor pains and
trouble in receiving and accounting for the fame, a fum not ex-
ceeding five hundred pounds out of the contribution or advance
money aforefaid; and (hall alfo have power put of the faid fur*
plufles, excefles, or overplus monies, commonly Called Tbejmi"
ingfund^ to allow and pay to the faid cafhier or caihiers for the
time being, an allowance not exceeding two hundred and fifty
pounds per annum for receiving the money to fRiy the annuities
upon this a<fl, and applying the fame to that uie, and for Ui
pains and trouble in keeping and rendering his accounts there*
of; and an allowance not exceeding two hundred pounds per
annum to the faid accomptant general for the time being, fiorhis
fervice and trouble in performing-the duty and truft incumbent
upon him by this z& ; any thing in this or any other adt con-
tained to the contrary ndtwithftanding.

XVL Provided alfo, and it is hereby enaded by the autho-
rity a'forcfaid, That at any time upon one yearns notice to be
printed in the London Gazette^ and affixed upon the R^l Ex*
change in Londony by authority of parliament, at any of the half
yearly feaft days for payment of the faid annuities, and upon re-
payment bv parliament of the principal fums for which the faid
annuities mall be payable to fuch refpe^f^ive perfons or corpora^
tions as (hall be intitled to the fame annuities, and allb upon
full pavment of all arrearages of the fame annuities, then, and
not till then, the faid annuities Ihall ccafe and determine, and
be unc|crftood to be redeemed ; and from and after fuch redeinp-
fion, thp monies arifmg by the faid furpluflPes, exceiles, or over-
plus monies of the fund commonly called The Jinking fund^ fluiQ
not be iifued or applied to any ufe or purpose other than ftieh
ufes and pui'pofes as have been diredled by any former a£l or aiftt
of parliament in that behalf ^ any thing in this or any former
a(5t or ads of parliament to the contrary nntwithftanding. And
that any vote or refolution of the houfe of commons fignified by
the fpeaker in writing to be inferted in the London Gazette^ ana
affixed on the Royal Exchange in London^ as aforefaid, (hall be
deemed and adjudged to be fgfficient notice within the words
and meaning of this ad.

XVII. And to the end there may be no want or failure of a
certain fum, not to exceed in the whole the faid fum of eight
hundred thoufand pounds, for the publick fervice, be it ftinhcr
enadcd by the authority aforefaid. That in cafe the commidton-
ers of his Majefty's treafury, or any three or more of them now
being;, or the' high trcafurer, or any three or more of the com-
miflloncrs of the treafury for the time being, (hall judge it more
advife^l^le to raife the faid fum of eight hundred thoufand pounds,
or any part thereof, by exchequer bills, in(tead of fuch loans as
aforefaid, that then tliey refpcdively are hereby authorized and
im powered at any time or times before the twenty fifth day of
Decewber^ one thoufand feven hundred and forty' two. to pro-
pare and make, or caufe to be prepared and made at the exchq-

quer.

VfjfiJ] Anno decimo quinto GsoRGii 11. c; 19; 25

qucr, any number of exchequer bills^ for any Turn or (urns of
money, not exceeding in the whole the find fum of eightjiun-
died thoufand pounds, in the fame or like manner, form, and
order, and according to the fame or like rules and direAions, as
in and by a certain zA of this prefent feffion of parliament, in-
tituled, An a&for cmthmngtbt duties upon mah^ mum^ ^der^ and
penj in that part ff Great Britain called England, and far grants
ivg to bis Magejlj certain duties up§n ma/tj nrnm^ cyder ^ and perry ^
ik thai part ^ Great Britain calkd Scotland, for thefervice of the
year one thoujand ftven hundred and forty twoy are enadted or pre-
fcrifaed, concerning the exchequer bills to be made in purfuance
of the fame aA.

XVIIL And be it further enaded by the authority aforefaid, in the fame
That all and every the claufes, provisoes, powers, privileges, manner as di-
advantages, penalties, forfeitures, and difabilities, contained in ^!^^ ^®
the laid Jaft mentioned ad, relating to the exchequer bills au- °^'*^
thorized to be made by the fame adt, except fuch claufes as do
charge the fame on the duties or impofitions granted or conti-
oued by the fame a£t, (hall be applied and extended to the ex-
chequer bills to be made in purfuance of this aft, as fully and
eflfeanally to all intents and purpofes, as if the fame exchequer
bills bad been orijginally authorized by the faid laft mentioned
aft, or as if the (aid feveral claufes or provifoes had been pani-
cularly repeated and re-enaAed in the body df this prefent ad.

XIA. And be it enadled by the authority aforefaid. That all Exchequer
the exchequer bills which (hall be made in purfuance of this aft, ****M '^ |^ j^
and the intereft, premium, rate, and charges incident to or at- ^^ finkine
tending the fame, (hall be and are hereby charged and charge- fund,
able upon, and (hall be repaid and borne by and out of the grow-
ing produce of the faid furplui&s, excefles, or overplus monies,
commonly called the finking fond, except fuch monies of the
(aid finking fund as are appropriated to any particular ufe or ufes
by any former or other ad or ads of parliament in that behalf;
and fuch monies of the faid finking fund (hall and may be ilTued
and applied as faft as the fame can be regularly ftated and afcer-
uined for and towards paying off, cancelling, and difcharging
fuch exchequer bills, intereft, premium, rate, or charges, un-
til the whole of them (hall be paid off, cancelled, and difcharg;-
ed, or money fufllicient for that purpofe be kept and referved m
the exchequer, to be payable on demand of the refpedive pro-
prietors thereof.

XX. Provided always, and it is hereby intended. That the
fum of five hundred pounds, and alfo the feveral fums of two
hundred and fifty pounds, and two hundred pounds per annum^
.by this ad granted as aforefaid, as an allowance to the faid ca-
(hier or ca(hiers, and accomptant general, (hall be for the ufe
and benefit of the faid governor and company, and at their dil-
pofal only ; any thing herein contained to the contrary not-
withftanding.

XXI. And be it further enaded by the authority aforefaid. Annuities be-
That bis royal lyghnefs the prince of fTa^s^ pr his royal high- Jongng to the

%6 Aooo dfldmo quinto Gtoroii IL c. 19. [17

fliall pajr no nefs the (hike of Ckffffvrlw^ or their rojril fai^faneflbtheprin
taxes. royals the priaoefs AmalU^ the princels Carolmoy and the prio

Linifu^ (hill not be duunged unth any fees or taxes for or in
ipeft oif anjr annuities or yearly payments mnfeed by his Ma|
to their faid roval highnefies, or any of them, but that 1
annuities or yearly payments, and their faid royal hi^hnei&s,
the time of the continuance oif thofe refpedire annuities, or ye
payments, (ball be free and clear from all fees, taxes, imp
tions, or other charges whatibever.

XXIL Ani whiTias during the prifint ^var with Spain, a g

quentiiy of quickJUver hath bwi takmfrom tbi aumj in the Am

can ftai^ ani hath ban condemned asprize^ part 'fLhin$fi% eAr^

brought into this kingdom^ and it now fying in wanbonfis^ and A

of the produlf of Europe, it may bo a doubt j whether the fanu

the laws now in force may not be fuije£f to ibe paymmt of the i

duties to bis Me^fty^ as not comng from the place of its grot

which will not only be a difcouragement to the captors and impof

thereof but will put them under a neceJRty tofendjuch goods fa?

future direfffy to foreign marketSj which will be alofsto his M

Jifs revenue^ and tend to the prejudice of the trade of this kiugd

Qn'tckfilver for remedy whereof, be it ena£ted by the authority aforef

f jikcn from That all quickfilver which has been already taken from the i

hoVto b J' ™7> ^^ '^^ ^ ^y ^°^^ ^^ ^^^^ hereafter be taken, during

taxed* praent war, and hiatb been or (hall be condemned as prise,

which has been brought, or (hall hereafter be brought into

kingdom, in any Britijh ihips, duly navigated accoi^ing tol

and for which tne duties due to his Maiefty have not been

ready paid, or fecured to be paid, (hall be fubjeA to the i

ment of fuch and the like cuftoms and duties only, to wt

the fame would be by law liable, if imported dire6Uy from

place or pbces of its growth; any law, cuftom, or u&ge to

contrary notwithftanding.

Appropria- XXIIL Provided always, and be it further enaded by

tion ofthe authority aforefaid. That all the monies coming into the

moniet grant- ^^i]^^ either by loans or exchequer bills, upon one ad

ment.^*' " *'* felfion tA pariiament, intituled. An a^ for continuing to

Afajefly certain duties upon malt^ mum^ ^der^ and perry ^ in

part of Great Britain catted England, and for granting to bis i

jefty certain duties upon malty mnm^ tyder^ and perry j in that \

. of Great Britain called Scotland, for thejervice of the year

thoufand [even hundred and forty two ; and (o much money (if

fuch be) of the duties thereby granted, as (hall arife or ren

after all the loans or exchequer bills made, or to be made on

fame a£t, and all tbeintere(l, premium, rate, and charges th

on, and the chatges thereby allowable for rai(ine the faid dui

(hall be fatisfied, or money fufBcient (hall be relerved in the

chequer to difcharge the fame ; and all the monies coming .:

the exchequer, either by loans or exchequer bills, upon

other aS of this feffion of parliament, intituled. An aBfor gr

ing an aid to his Majefy by a land laxy to be raifed in Great \

\i\ny for thefervice of ^ year one tboufimdfeven hundred andj

Z f

74^.1 Anno declmo quinto Georgii II. c 19; 27

w$ ; and fi> moch money (if any fuch be) of the tax thereby
;ranted, as fliall ariiie or remain, after all the loans or exchequer
)iUs made or to be made on the fame ad, and all the intereft,
fftmium, or rate and charges thereon, and the charges thereby
lUowabic for raifing the faidland tax, (hall be fatisiira, or mo-
ney Efficient (hall be refierved in the exchequer to difcharge the
Eune ; and all the monies arifing into the exchequer, not exceed-
11^ one million upon one other 26k of this fcflion of parliament,
iotituledy j^ cRpr granting to his Majefty a certain Jum out oftbt
fiJtit^/miy towards tbifufpfyfor the year one thoufand fiven bun-
tiimi fmty tw$^ by or mm the furplu(res, exce(res, and over-
^us monies commonly allied The Jinking fund \ and all the mo-
nies coming in the exchequer upon one other zGt of this fefTion
of parliament, intituled, Jn aH for eftablijbing an agreement with
the governor and company of tbe bant of England, for advancing
the film of one million fx hundred thoufand powtds^ towards thefup^
ffyfor thefervice of the year one thoufand feven hundred and forty
two I and the (um of eieht hundred thoufand pounds by this aft
gnnted, as aferefiiid, (hall be further appropriated and applied,
and are hereby appropriated for and towards the feveral ufes, in-
tents, and purpoies herein after exprefled, fubjeft neverthelefs
to fuch refthAions as is herein after prefcribed ; that is to fay, it
ii hereby enaAed and declared. That out of all or any the aids
or fupphes afiorefaid, there (hall and may be {(Tued and applied,
any fum or fums of money not exceeding two million two hun-
dred fixty ag^t thoufand feven hundred fifty fix pounds, feven-
leen fliiliings, and one penny, for or towards the naval fervices
herein after more particularly exprefled; that is to fay, For or i.s6S,7c6 1.
towards defhiying the charge of the ordinary of his Majefty's '7»- » a- (or
ntvy, and for halfpay to fea officers, and for or towards viduals, "*^** i«vitti.
wages, wear and tear of the navy, and the vidhjalling thereof
performed and to be performed, suid for or towards fea fervices
in the office of ordnance performed and to be performed.

XXIV. And it is hereby alfe enafted, That out of all or any i68,<4s1. 151.
the aids or fupplies as aforefaid, there (hall and may be ifTued 7^' for rranf-
and applied any fum or fums of money, not exceeding one hun- E^^ f^^^^j^
drcd nxty eight thoufand fix hundred forty five pounds, fifteen America,
(hillings and feven pence, for or towards the dttzTzz of tranfports

hired to carry the forces to America-, and any (um or fums of ,|,^^,^|. ,^1.
money not exceeding one hundred and eleven thoufand, nine id. 'tor vie*
hundred and feventeen pounds, nineteen (hillings,, and onetualt.
penny, for the expence ot viAuals provided for the foldiers em-
ployed in the expedition in America.

XXV. And it is hereby alfo enaAed, That out of all or any 10,000]. to
the aids or fupplies as aforefaid, there fhall and may be ifTued Greenwich
and applied any fum or fums of money, not exceeding ten thou* '^^M?^^^*-
fand pounds, upon account, towards the fupport of the royal
hofpital at Greenwich^ for the better maintenance of the feamen

of tbe (aid hofpital, worn out and become decrepit in the fervice
of their countiy.

XXVI. And It is hereby silfo ena^cd. That out of all or any

2i Anno decimo quinCo Georgii II. C. 197 [i742i

mio,43il. i6t. the aids or fupplies as aforefaid, there ihall and may be iflfiied
If ^^^^^* ^"^ applied any fum or fums of money not exceeding two hun-
ance. ^^^ ^^^ ^^^ thoufatid four hundred thirty one pounds, fixteen
(hillings, for or towards the defi-aying the chaise of the office
of ordnance for land fervice performed and to be performed, and
for defraying the extraordinary expence of the office of ordnance
for land fervices, not provided for by parliament.
•06,15^1. 151. XXVII. And it is alfo hereby enacted, Thatoutof allor any
for the ixu- the aids or fupplies as aforefaid, there (hall and may be ifliied
rincs. and applied any fum or fums of monev not exceeding two hun-

dred and fix thoufand, two hundred ntty three pounds, fifteen
(hillings, for defraying the charge of eleven thouCmd five hun-
dred and fifty marines, commiifion and non-commi(fion officers
included, for the fervice of the year one thoufand feven hun-
dred and forty two.
i,»09.i4sl. XXVIIL And it is hereby likewife enaficd. That out of all
19 s. 10 d. * or any the aids or fupplies provided as aforefaid, there fiialland
for maintain- may be iflued and applied any fum or fums of money not ex-
ing the land cceding one million eight hundred and nine thou(and one hun-
amd garriSns! ^^^ ^^^^y ^^^^ pounds, nineteen (hillings, and ten pence fat
fiz. * or towards maintaining his Majefty's land forces, and other fer-

^ ^ vices herein after more particularly exprefled ; that is to fav, any
and tod! for ^^ ^^ '^^^ ^^ money not exceeding one million and (bur
inuntaiji^ng thoufand nine hundred forty feven pounds, and ten pence, fbr
35,554 efiec- defiraying the charge of thirty five thoufand five hundred and
tivc men. £^ f^^^^ eflfcAive men, commiflion and non-commiflTion offi-
Induding ^^^^ included, and alfo including two thoufand three hundred
%y%l invalklt. and twenty three invalids, for guards, garrifons, and other his
Maje(Vy's land forces in Great Britain^ Weft Indies^ Guernfey^ and
Jerfey^ for the year one thoufand feven hundred and forty rwo}
and any Tum or fums of money not exceeding fifty three thou-
. fand nine hundred ninety five pounds, thirteen millings, and

f^'.'^r'a i^-' ^^^^ pence, for maintaining a regiment of foot raifcd in Ameri^
eiment of ca for the fervice of the fFeft Indies^ for the year one thoufand
foot in Ame- feven hundred and forty two; and any fum or fums of money
"ifi 6 6] 6 "°^ exceeding two hundred fbcty fix thoufand fix hundred and
cd. halfpen-* (i^teen pounds, fix (hillings, and five pence halfpenny, for
nyl for garri- maintaining bis Majefhr's land forces and garrifons in the plan-
(ont at Mi- tations, Minorca^ and uitraUar, and for provifions for the gar-
"^i*^"' 2^*^^ rifons zt Annapolis Royal^ Canfoy Placentia^ Providence^ Gibraltar^
raitar, &c. ^^j Georgia^ for the year one thoufand feven hundr^ and forty
44,00x1. ;s. two ; and any fum or fums of money not exceeding forty four
jd.halfpennjr, ji^Q^f^j^j ^^^ gjghj pounds, three (hillings, and feven pence,
nary'expcncjM ^^^ defraying fcveral extraordinary expenccs and fervices incur-
in the year red in the year one thoufand feven hundred and forty one, and
1741* not provided for by parliament ; and any fum or fums of money

Ti,6nl. 13s. not exceeding eleven thoufand fix hundred and eleven pounds,
for officers thirteen fliiUings, for maintaining the charge of feveral officers
going with appointed by his Majefty to go with the forces on the expedition
generalWcnt- under the command of major general JVentworth^ for the yeaf
Tf 41/' "^ PP^ thoufand feven hundred and forty two j ;M)d any fqm of fums

pf

[74^-] Anno dediho (^ulnto GeorGH IL C. i^. 129

of money not exceeding one thoufand two hundred feventy feven *s77l« vot.
pounds, and ten (hillings, for maintaining the charge of tht^^'^ ^^^ °^'
ftaff officers appointed by his Majefty to attend the hofpital c-S"hS!!"^
ftablithed for the fervice of the expedition under the command
of major general fFentwortb^ for the year one thoufand feven ,
iumdred and forty two; and any fum or fums of money notJd*/SrVeVc-
aceeding feventy tour thoufand one hundred ninety two pounds, ral'reeimenti
five (hillings, and four pence, for defraying the charge of one transferred
regiment of horfe, two reeiments of dragoons, and four r^i- ^"? '^ }l^^
Bcnts of foot, transferred from the Irifl) to the 5n/(^eftabliff|.eftaWi(^nu
ncnt, for the year one thoufand feven hundred and forty two ; 47,1731. ^u
ind any fum or Tums of money not exceeding forty feven thou- 5d. balfeen-
and two hundred feventy three pounds, nine (hilhngs,and fiveny*(^>'tneDa-
)cnce halfpenny, for defraying the charge of what remains to be *"* *">op»f
>aid to the troops of his majefty the King of Denmark^ being *^^*
xie thoufand one hundred and ninety four horfe, and five thou-
sand fix hundred and ninety two foot, together with the general
>fficers in the pay of Great Britain^ from the twenty fifth day of
March exdufive, to the twenty fifth day of Decembir^ one thou-
and feven hundred and forty one indufive; and any fum or 5i>o7i1. 4s

:ums c^ ^' "'^ ^i---i' .... ^A K.11U.-

poundi
thechai

pay of ^reat Britaifit from* the twenty (Txth day of Deamber^
one thoufand feven hundred and forty one, to the third day of
Abrebf one thoufand feven hundred and forty one-two, both in*
dufive, together with the proportion of the fubfidy due for the faid
time, and alfo for forty two days pay and waggon money for
their return home, purfuant to treaty ; and any fum or fums of
money not exceeding thirty three thoufand three hundred and 33,309!. 7S«
nine pounds, feven (hillings, for defraying the charge of what arrears to the
remains to be paid to the troops of his majefty the King of ^^**" trooj*
SwidiH as Landgrave of Hejfe Cajfel^ being one thoufand two'^^*
hundred and fixty four horfe, and four thoufand nine hundred
and eight foot, together with the ^eral officers and train of
artillery in the pay of Great Britain^ from the twenty fifth day
of March exdufive, to the twenty fifth day of Decembery one
thoufand feven hundred and forty one inclufive; and any fum ,51,607!. T71.
or fums of money not exceeding one hundred fixty one thoufand id. halfpenny
fix hundred and feven pounds, feventeen (hillinc^s, and one^<^rtbeHe(fiaa
penny halfpenny, for defraying the charge of the Sid troops of ^*'^P* ■^♦*»
the King of Sweden as Landgrave of Heje CaJJely in the pay of
Great Britain^ from the twenty fixth day of December^ one
thoufand feven hundred and forty one, to the twenty fifth day
of December^ one thoufand feven hundred and forty two, botn
indufive, together with the fubfidy for the fame time, purfuant
to treaty; and any fum or fums ot money not exceeding twenty 2c,7itI. 5s.
five thoufand feven hundred thirty one pounds, fix (hillings and ^^ ^^ .^*^
eight pence, for defraying the charge of the general and ftaff^^^'^
officers appointed to attend the forces in Flanders^ together 1741.
with the contingencies for the faid fervice, for the year one thou-
fand

so

2)651. for an
hofpita] in
FUndert.

^7,968!. It.
6d. for half*
l>ay officers.

4168I. for

Senfions to re-
uced officers
widows.

E

coo,ooo1. to
lupport the
boufe of
Aullria, &c.

Several funis
repaid the
linking tund.

404.8I. 14s. yd,
additional
ilamp duties*

io,oool. fait
duty.

9i,oooK fait
duty.

Anno decimo quinto GeoRgii IL c. 19. [174a.

fand fev«n hundred and forty two ; and ai^ fum or fums of
monev not exceeding one thoufand three hundred and fixty five
pounds^ for defraying the expence of the hofpital for the ferrae
of the forces in Flanders j for the year one thoufand feven hun-
dred and fbrtv two ; and any fum or fums of money not exceed-
ing twenty (even thoufand nine hundred fixty eight poundsi
two (hillings and fix pence, upon account of half- pay to there*
duced officers of his Majefty's land forces and marines, for the
year one thoufand feven hundred and forty two, fubjed to fudt
rules to be obferved in the application of the faid half- pay, as
are herein after prefcribed concerning the fame; and any fum or
fums of money not exceeding four thoufand one hundred fixty
eight pounds, for paying^ of penfions to the widows of fuch rt«
duced ofikers of his Majefty s land forces and marines, as died
upon the eftabti(hment of half-pay in Great Britain^ and who
were married to them before the twenty fifth day of Decemier^
one thoufand feven hundred and fixteen, for the year one thou-
fand feven hundred and forty two ; which faid fum of four thou-
fand one hundred and fixty eight pounds, (hall be i(rued to fudi
perfon or perfons, as his Majefiy (hall, by warrant or warrants
under his royal fign manual, direct or appoint to receive the
fame^ to be by him or them paid over to fuch widows of half-
pay officers, or their aifigns, according to fuch e(labli(hmetits,
ifts, or other diredions, and with and iubjeA to fuch conditioosi
qualifications, or other allowances for the fame, as his MajeChf,
by fuch and the like warrant or warrants* (hall be graciouiff
pieafed to direct and appoint.

XXIX. And it is alio hereby enadted, Thatout of all or any
the aids or fupplies provided as aforeCnid, there (Iiall and may
be iffued and applied any fum or fums of money, not exceed-
ing five hundred thoufand pounds, upon account, towards en-
abling his Majefty to concert proper meafures, and form fuch
alliances, or enter into fuch engagements with other powers as
his Majedy (hall judge nece(rary for the fupport of the houlc of
Aujiria^ and refioring the balance of power in Europe.

'XXX. And it is hereby enaded. That out of all or any the
aids or fupplies provided as aforefaid, there (hall and may be
ifTued and applied any fum or fums of money not exceeding
four thoufand forty eight pounds, fourteen (hillings, and feveo
pence, to replace to the finking fund the like fum paid out of
the (ame, to make good the deficiency of the additional ftamp
duties at Chrijimas^ one thoufand feven hundred and forty ; and
any fum or fums of money not exceeding ten thou(and pounds,
to replace to the finking fund the like fum paid out of the fame,
to the governor and company of the bank of England for half a
year's intercft due on or before the eighth day of Marcb^ one
thoufand feven hundred and forty, on the principal fum of five
hundred thoufand pounds by them lent on the credit of the fait
duties towards the fupply of the year one thoufand feven hun-
dred and thirty five \ anci any fum or fums of money, not ex-
ceeding twenty one thoufand' pounds, to replace to the finking

fund

I

42-1 Anno dccimo qulnto GeoRGII II. c. igi 3 1

nd the like fum paid oat of the £ime, fcnr a half year's intereft^

te on or before the fifth day of Navmbir^ one tnoufaod feven

tndred and forty one, on the principal fum of one million two

rndred thoufand pounds, lent on the credit of the bAx duty,

wards the fupply of the year one thoufand feven hundred and

rty one ; and the fum of twenty feven thoufand eight hundred 17,8511 is.

ty one pounds, one (hilling and two pence half penny to re* »d. halfpenny^

lace to the faid finking fund, the like fum paid out of the fame, ^^^**

\ make good the deficiency^of the duty of twelve ihillings ptr

irrcl, on fweets or wines made from Britijb or foreign fpirits,

: AtScioilmaSf one thoufand feven hundred and forty one; and

le fum of nineteen thoufand and eighteen pounds, four (hil- 19,0181.41.

ngs, and eleven pence, to replace co the faid finking fund, the nd. viaual-

ke film paid out of the fame, to make good tbed^iency of '^'^^"^y*

[le duty upon all viAuallers and retailers of beer and ale, with«

1 the cities of London and ffyimin/lrr^ and the weekly bills of

nortality, at Michaelmas^ one thoufand feven hundred and forty

oe; and any fum or fums of money,^ not exceeding two hun-,63 -,,1. ^7^

red fixty three thoufand feven hundred thirty one pounds, 7d. deficiency

rventeen (hillings, and feven pence, to make good tne defi- ^^ tbe granu

iency of the grants, for the fervice of the year one thoufand ^'^'^ '^^'*

5ven hundred and forty one ; and any fum or fums of money i o,oool. to-

loc exceeding ten thouund pounds, to be applied towards the ^?^^^ ™^'°*

aaintenance of the Britijb forts and fcttlements belonging to the Afriwm forti

oyal African company of England^ on the coafts of Africa \ and ^^^\^ for re.*

oy fum or fums of money not exceeding four thoufand pounds, pairing St.Pe-

owards the repairing and finiflung the collegiate church of Saint t^r'* church,

*rf/r, mftmnfter. Wdlminfter.

XXXI. And it is herebv alfo enadted. That out of all or any 5S»737l*>is-
he aids or fupplies provicJed as aforefaid, there (hall and may ^: ' ^^^*

le iflued and applied any fum or fums of money, not exceeding warfs the ge-
ifty eight thoufand feven hundred thirty feven pounds, eleven neral fund for
hiUings and two pence three farthings, for making ^ood the >74i-
lefidency of tte general fund for the year ended at Micbaclmas^
me thoufand feven hundred and forty one.

XXXII. And be it further enafled. That the faid aids or The faid fums
iipplies provided as aforefaid fhall not be ifTued or applied to any ^*^}^ ^P-
ife, intent, or purpofe whatfoever, other than the ufes smd^||^^\^<^"
Nirpofes before mentioned, or for the feveral deficiencies or ether
ttyments directed to be fatisfied thereout by any adt or a6ts, or

iny particular daufe or claufes for that purpofe contained in any
ither w& or afls of this prefent feflion of parliament.

XXXIIL And as to the faid fum of twenty feven thoufimd
line hundred fixty eight pounds, two (hillings and fix pence,
)y this zA appropriated on account of half-pay, as aforefaid ;
t is hereby enaded and declared bv the authority aforefaid.
Thai the rules herein after prefcribed fhall be duly obfcrved in
he application thereof; that is to fay. That no perfon fhall Rulfs for tbf
lave or receive any part of the fame, who was a minor, and applicAiloD uf
inder the age of fixtecn years, at the time when the regiment, half-pay.
roop, or company, in which he (erved, was reduced ; that no

perfon ,

j2 Aiino decimo quinto GeoRGII II. c. 19; f i74l#

perTon (hall have or receive any part of the fiime^ except fuch
perfons who did adual fervice in fome re»ment/tr(x>p, or com-
pany ; that no perfon having any other place or employment of
prom, civil or military, under his Majefty, (hall have or receive
any part of the faid half-pay ; that no chaplain of any garrifon
or regiment, who has any ecclefiaftical benefice in Great Bri'
tain or Ireland^ (hall have or receive any of the (aid half-pa? ;
that no perfon (hall have or receive any part of the fame, woo
has re(ign«] his commiffion, and Ivis had no commiflion (inces
that no part of the fame (hall be allowed to any perfon by virtue
of any warrant or appointment, except to fuch perfons, who
would have been otherwife intitled to the fame as reduced offi-
cers ; and that no part of the fame (hall be allowed to any of the
reduced officers of the five regiments of dragoons, and eight
regiments of foot, lately difbanded in Ireland f except to fuch a
were lately taken oflf the eftablifhment of half-pay in Grest
Britain.

XXXIV. And whereas if an a£f of parliantint made in the fmr*
teenth year df his Majeftfs relgn^ intituled^ An a£l for granting
to his Maje(Ty one miluon out of the finking fund, and for ap-
plying other fums therein mentioned for the fervice of the year
one thoufand feven hundred and forty one ; and for allowing a
drawback of the duties upon coals ufed in fire engines for drain^
ing tin and copper mines in the county of Cornxvall\ and for
appropriating the fupplies granted in this feffion of parliament}
and for making forth duplicates of exchequer bills, lottery tic-
kets, and orders loft, burnt, or otherwife deftroyed; and (or
giving further time for the payment of duties omitted to be paid
for the indentures and contracts of clerks and apprentices ; fi"
veral fupplies which had been granted to his Majefly^ as is thereii
mentioned J were appropriated tofeveral ufes andpurpofes therein «p*
pteffed^ amongfl which^ any fum or fums of money not exuedini
twenty nine thoufand three hundred pounds j feven fiillings^ OMifix
pence f was appropriated to he paid to the reduced oj^ers of bis Mh
jeftfs foot forces and marines^ fuhie^ neverthelefs to fuch rules to k
00 fervid in the application of the /aid half-pay ^ as in and by the afire^
faid a^ were prejcribed in that behalf % now it is hereby provided^
ena<Sted, and declared by the authority aforefaid. That fo much
of the faid fum of twenty nine thoufand three hundred pounds,
feven (hillings and fix pence, as is or (hall be more than fufii-
tient to fatis^ the faid reduced officers according to the rules by
the faid a£l prefcribed to be obferved in the application thereof
The overplus or any part of fuch overplus, (hail or may be difpofed of to
hLf*^ y^^j" * fuch officers who are maimed or loft their limbs in the late wan*
tobc^appliedr ^^ ^^^^ Others as by reafon of their long fervice, or otherwife,
his Majefty (hall judge to be proper obje<fts of charity, or to the
widows or children of fuch officers, according to fuch warrant
or warrants under his Majefty's fign manual, as (hall be figned
in that behalf; any thing in this a<5t or the laid former ad to
the contrary notwithftanding.

CAP,

1 742- J Anno decimo quinto Georgxi 11. C.2o. 3$

tAP.XX.

jifg all to prevent tbi conntetfeiUnz of gold and filver lace \
and for fettling and adjufiing the proportions of fine filver
and filk\ and for the better making of gold and filver
thread.

WHEREAS of late great frauds have been emmitted by a
fort of tinfel topper^ or other hafe metal^ being brought inte \^^,t,^X\
this kingdom partly ^nufalfured^' which is fpun or wrought upon
Sifi and worked up in imitation of gold and filver lace^ and is fo
txaply counterfeited^ that perfons of fkill in that manuf allure are
iaily liable to tmpofitions\ which not only tends to the difcouragement
^f the manufaiture of gold and filver lace^ and f%e dimtnution of his
Majefifs revenue^ but is of dangerous confequtnce to the piihhck in
Xeneral: and whereas feveral abufes may be committed in refining of
i/ver^ and gilding thereof and in the making of gold and fiiver wire
ind thready ejpecialfy in not allowing a due proportion of fine filver to
ilk; whereby the filver ^ breaking and crumbling off from' the filk^
here is not only a great lofs to the refpeHive buyer Sy but an irrepara^
'fie prejudice to the nation in general, in the wafting and <onfuming
f the bullion thereof; and the faid fiher and gold thready and the
nanufaHures of which the fame confift^ confequently have not that
retUtj ufe^ and fervice that filver and gold thread, and the manufac"
tires thereof made abroad, iave, to the great difcouragement of the
exportation of the faid filver and gold thread, and mamfaltures, and
he ufe and wearjf toe fame at home ; for remedy thereof, be it .
malted by the Kfing's mod excellent majefty, by and with the
idvice and confent of the lords fpiritual and temporal and com-
nons, in this prefent parliament afleinbled, and by the autho^ All m^lfn-.
ity of the fame. That from and after the faid firft day oi^^^'^^o&ivtt.
^uiy^ one thoufand feven hundred and forty two, all copper, Sreld^ t^Ji^
>rafs, and every otlier metal inferior to (ilver, (hall be fpun up- or inde. *
)n thread, yarn, or inicle only, and nbt fpun, mixed, wove,
wrought, or fet upon (Uk, upon pain, that each and every pers-
on offending therein, (hall forfeit and pay the fum of five (hil- P*n*l*y S»»
ings for each and every ounce fo fpun, mixed, wove, wrought,
ir fct upon (ilk.

II. And be it further cna<S)ed by the authority aforefaid, The weight of
that from and after the faid firft day oif July^ all filver wire to (ilver thread.
It drawn for the making of (ilver thread, fliaUrrhold at leaft
ilcvcn ounces fifteen penny-weight of fine filver upon-the pound weightof iJU
veight Troy; and that all filver to be gilt and maae u(e of in the (Uxer Uveal.
?une-drawers trade, (hall hold at leaft eleven ounces eight pen-
ly-weight of fine filver upon the pound weight Troy, and fhaJl
lot have lefs than four penny-weight four grains of fine gold,
vithout any allay, laid \ipoQ each pound height of the faid fiU
er, upon pain, that the refiner or maker thereof, (hall forfeit
ind pay the fum of five (hiiiings for eacti'^od every ounce fo ... . ,
nade contrary to the dire^ions of this aft. .'\

Vol. XVIIL D HI. And "

34 AnnadecimoquintoGEORGii II. C.2o» ['74^^

No gilt wire to HI. And be it further enabled by the authority aforefaidt

be colour'd. fhat from and after the faid firft day of July^ no gilt wire (hall

be coloured with verdgreafe or deadhead, or any other forced

Penalty 18. 6d. colour, upon pain, that the perfon fo offending (hall forfeit and

Weight of P^y ^^^ ^^^ ^^ ^^^ (hilliags and fix pence for every ounce b

gold and 111- Coloured; and for all gold and filver prepared as afbrefaid, and

yer reduced reduced into plate, there (hall be allowed at the leaft fix ounces

into plate, ^f ^jj^ fj^jj pj^^g ^q cover four ounces of (ilk, except large twift^

freeze, freezon, froft, and cheque, and alfo except round brocade

ufed in the malcing brocaded gold and filver filks or (lufFs only, in

which there (hall be allowed at the leaft fix ounces of the faid

plate to cover five ounces of filk, and no more; all which goU

and filver plate (hall be fpun clofe upon well boiled and ligbt

dyed filk only, except froft, being run thin, and fpun upoa

different coloured^fUki and in cafe any fpinner of gold and ffl-

Pcnaltyi8.6d. y^^ thread, or otRer perfon, (hall lay gold or filver plate upon

uni^g more (Ilk ^^Y grater proportions of filk, or in any other manner than ai

than herein betore directed by this a<5t (except as herein before is excepted}

direaed. fuch fpinner, or other perfon, (hall forfeit and pay two (hiilinp

and (be pence for every ounce fo fpun«
Penalty of is. IV. And bc it further enadled by the authority aforeiaid,
6d. an ounce That if any perfon whatfoever, from and after the (aid firft day
for felling gold of Jufyy (hall fell, or ofl^cr to fale, any gold or filver orrice lacei
or filver mixt mi^ed with any other metal or matenal than gold or filver, filk
metal? ^'^ *"^ vellum, the perfon fo felling, or offering the fame to faki
(hall forfeit and pay for every ounce the fum of two (hillingji
and fix pence.
Penalty 5s. an V. And be it further cnaAed by the authority aforefaid,
ounce, to fell That if any perfon whatfoever after the faid firft day of Julft
by any other (hall fell any gold or filver wire, plate, thread, lace or fringe, hf
H-clgii^ ^ any other weight than Trojf weight, the pcifon fo felling dm

forfeit for every ounce fo fold, the fum of five (hillings.
PeMltvof % ^^' ^"^ ^ *^ further enaSed by the authority aforeiiaidi
an ouivce, for ^^^t from and after the faid firft day of Jufy^ if any maker or
miikingcrfell- feller of any goods made or mixed with gold or filver thread or
ing gold or plate, ihall make or fell any goods mixed with gold or filver
filvw" Jhraad thread or plate, made contrary to the intent and meaning of this
wntra^'^o ^^^ ^^^^ PC"'*on or perfons (hall forfeit and pay five (hillings for
this a6l. each and every ounce of gold and filver thread or plate to made
> • • or fold.

VIL And be it further enadted by the authority aforefaid,

Penalty on Thatfrom dnd after the faid firft day of Jufy, no gold or filver

^orting^ thread, liace, firinge, or any other work made thereof, or any

SSLirfbifer***'^*^* lace, fringe, or other work, made of copper, brafs, or

metal. any other inferior metal, or gold or filver wire or plate, (hall bc

imported or brought into Great Britain^ upon pain of being for*

felted and burnt, and upon the penalty of one hundred pounds

to be paid by the impQner thereof, for each and every pared

(b. imported. •

Inrots of fiver ^^^'* ^^ ^^^ ^^ '^^^'^ deteaing of frauds that may be

forgilt wirc^ committed by the refiners, in laying a lefs quantity of gold upoa

fil.

•t742<J * Anno dMJmo quintp Gso&Gil IL €.20« 35

filver than is diredled by this ad; be it enaAed by the authority ^ . . . , .
aforcfaid. That from and after the feid firft day of July, every -^ J^Sof
ingot or bar of filver defigned to be made ufe of for gilt wire, the officer}
fliall be weighed in the prefence of the officer of excife, who at-
tends the forge where fuch ingots or bars are made, before the
fame is coverni with gold; and (hall be weighed in the prefence *nd maiic'd
of, and marked hjr the faid excife officer, after the gold is laid f/jgl^i^ ^*
thereupon ; and ir any refiner or maker of fuch ingots or bars Refiner^wot
as aforefaid, (hall refufe to permit any excife officer appointed admitting the
for that purpofe to be prefent, and attend when fuch ingots or office^ to for-
bars are weighed, either before or after the covering the fame ^^' *^'*
with gold in manner as is above dire(fted, every refiner or maker
(hall forfeit and pay the fum of twenty pounas.

IX. And be it further enadled by the authority afbrcfaid, Forfeitures,
That of the feveral penalties and forfeitures made and inflidled l^aj^ to the
by this a(5t, one moiety (hall be to the ufe of his Majefty, his ^"*^ ^^*
heirs and fucceifors, and the other moiety to him or them that

(hall inform, fue, or profecute for the fame, and may be fued for
and recovered by adtion of debt, bill, plaint, or information,
in any of his Majefty's courts of record at IVeJlminJier \ wherein
no e(Iuin, protection, privilege, or wager of law, nor more than
one imparlance, (hall be allowed.

X. And be it furtlier ena(5ted by the authority aforefaid.
That if any perfon or pcrfons (hall be fued for what either he

or they (hall do in the execution of this aft, he or they may Gcnehd ilTue*

plead the general iiTue, and give this aA, and the fpecial matter

in evidence i and if the plaintiCTor plaintiffs (hall become non-

fuit, or difcontinue his or their aAion or adtions, or if a verdidt

Ihall pa(s againft him or them, the defendant or defendants (hall

pccovcr treble cofts, for which they (hall have the like remedy Treble coftt,

IS in other cafes where cofts are allowed to defendants.

XI. Provided always. That every fuit, adtion, or profecution, Limitatioti ^
:o be brought by virtue of this aft, (hall be commenced within *^®"*-

IX months after the offence committed.

XII. Provided always, That nothing in this a6l contained p ^^
hall be conftrued to inflift any penahy up6n any perfon for fell- *^"*^'**^
ng, or expofin^ to fale, anv filver wire, or filver or gold thread,
yrany laceor fnn^e, on or before the twenty fifth day of J9^m*

irr^ one thoufandleven hundred and forty two, though the fame
)e not made according to the rules and diredtions of this ad;
Provided proof be made by oath of one or more credible witnefs
\x witnefl^S) before (bme juftice of the peace of the county, city^
iding, divifion, or place where the fame (hall be fold, or ex«
K>fiscr to fale (which oath the faid juftice is hereby impowered
ind required to adminifter) that fuch goods are really and bom
He the manufadlure of this kingdom, and were made on or be-
ore the faid firft day oi July.

Itllt. Provided aifo. That nothing in this aft contained (hall Counterfeit
extend, or be conftrued to extend, to. prohibit any copper, brafs, ^^^J^^*
M- other metal inferior to filver, f|pun upon filk, and really and v^y j^^7.
^a fiii manufadured in this kingdom, before the (aia firft ^ ^ •

D 2 day

2i Anno declmo quinto Georgii II. c. 197 [1742'.

mio,4iil- i^t. the aids or fupplies as afordaid^ there ihall and may be iffiied
l2^dn^^^ and applied any fum or fums of money not exceeding two hun-
M ordnance. ^^ ^^j ^^^ thoufarid four hundred thirty one pounds, fixteen
(hillings, for or towards the defraying the charge of the office
of ordnance for land fervice performed and to be performed, and
for defraying the extraordinary expence of the office of ordnance
for land fervices, not provided for by parliament.
to6,*5^1. 151. XXVII. And it is alfo hereby enacted. That out of all or any
for the ma- the aids or fupplies as aforefaid, there (hall and may be iflued
nn«8. - and applied any fum or fums of monev not exceeding two hun-
dred and G,x thoufand, two hundred nifty three pounds, fifteen
(hillings, for defraying the charge of eleven thoufand five hun-
dred and fifty marines, commiifion and non-commiffion officers
mcluded, for the fervice of the year one thoufand feven hun-
dred and forty two.
i,»09.i4sl. XXVIII. And it is hereby likewife cnaficd. That out of all
19 s. 10 d. ' or any the aids or fupplies provided as aforefaid, there (hall and
for maintain- may be ifliied and applied any fum or fums of money not ex-
ingthe land ceeding one million eight hundred and nine thoufand one hun-
and^wifo«s! ^*^ ^^^^V ^'^ pounds, nineteen (hillinss, and ten pence for
viz. ' or towards maintaining his Majefty's land forces, and other fer<

53.995'-

4d. for i

, vices herein after more particularly exprefled ; that is to fay, any
su^t*od? for ^^ ^^ f"^^ ^^ money not exceeding one million and four
inuntaining thoufand nine hundred forty feven pounds, and ten pence, for
35,554 efiec- defiraying the charge of thirty five thoufand five hundred and
tivc men. fy^ f^^^ effedive men, commiflion and non-commiflion offi-
Induding: ^^^ included, and alfo including two thoufand three hundred
»3t3 invSidt. and twenty three invalids, for guards, garrifons, and other his
Majefty's land forces in Great Britain^ Weft IndiiSy Guernfey^ and
Jirfiyt for the year one thoufiind feven hundred and forty two )
and any fum or fums of money not exceeding fifty three thou-
. fand nine hundred ninety five pounds, thirteen millings, and

_ .?>r*aU-' ^^^^ pence, for maintaining a regiment of foot raifcd in Ameri^
pment of ca for the fervice of the Weft Indies j for the year one thoufand
^t in Ame- feven hundred and forty two; and any fum or fums of money
'?«*« 6] 6 "°^ exceeding two hundred fixty fix thoufand fix hundred and
cd. halfpen'* fifteen pounds, fix (hillings, and five pence halfpenny, for
nyi for garri- maintaining his Majefly's land forces and garrifons in the plan-
(oM at Mi- tations, Afmerca^ and Gibraltar, and for provifions for the gar-
"^i"^*' 2'*^^ "^°"^ aty/u«tf^//j Rayaly Confix Placentioy Providence, Gibraltar,
raitar, &c. ^^j Georgia, for the year one thoufand feven hundred and forty
44,00x1. 3S. two ; and any fum or fums of money not exceeding forty four
7^- ^*^^P*"y» thoufand and eight pounds, three (hillings, and feven pence,
nary'SpcncjM fo*" defiraying fcveral extraordinary expenccs and fervices incur-
in the year red in the year one thoufand feven hundred and forty one, and
1741* not provided for by parliament ; and any fum or fums of money

Ti,6nl. 138. i^o^ exceeding eleven thoufand fix hundred and eleven pounds,
for officers thirteen (hilluigs, for maintaining the charge of feveral officers
going with appointed by his Majefty to go with the forces on the expedition
worth*^^^'^^ under the command of major general JVentworth, for the year
r^i. ' ^^ Ppc thoufand fcven huijdrefl and forty twp j ^^ii any fqm of fums

174^*] Anno dediho (^ulnto GeorGH II. C. i^; 29

of money not exceeding one thourand two hundred feventy feven<s77l' tos.
pounds, and ten ihiilings, for maintaining the charge of the^^''^^°J'
ftaff officers appointed by his Majefty to attend the hofpital c-S"j|^^*"^
ftabli(hed for the fervice of the expedition under the command
of major general fFmtworthj for the year one thou&nd feven ^ ^|
hundred and forty two ; and any fum or fums of money not JJ. forVevc-
exceeding feventy tour thoufand one hundred ninety two pounds, ralresiments
five (hillings, and four pence, for defraying the charge of one jr*n«^«Tcd.
regiment of horfe, two reeiments of dragoons, and Kmr regi- ^? '^ .^rjJJ*
ments of foot, transferred from the Iri/k to the 5r/Vi> efablim-SaWil^ntl
ment, for the year one thoufand feven hundred and forty two ; 47,1731. 9$.
and any fum or fums of money not exceeding forty feven thou- sd' halfeen- -
fand two hundred feventy three pounds, nine (hi]hngs,and fiveny>^i'^«Da-'
pence halfpenny, for defraying the charge of what remains to be *"* *«>op«f
paid to the troops of his majefty the King of Denmark^ being *^*^*
one thoufand one hundred and ninety four horfe, and five thou-
fand fix hundred and ninety two foot, together with the general
officers in the pay of Great Britain^ from the twenty fifth day of
A^cb exdufive, to the twenty fifth day of Dicember^ one thou*
fand feven hundred and forty one indufive; and any fum or 511071I. 4s.
fums of monev not exceeding fifty one thoufand feventy two *^' **^^^""Ib
pounds, four (hillings, and two pence halfpenny, for defiiying ^^Ij? ^"^
the chai]M of the faid troops of the KinR (rf Denmari^ in the *^ '^ *
pay of Great Britaifit from the twenty fixth day of December^
one thoufand feven hundred and forty one, to the third day of
March J one thoufand feven hundred and fortv one-two, both in*
dufive, toeether with the proportion of the fubfidy due for the faid
tiine, and alfo for forty two days pay and waggon money for
their return home, purfuant to treaty ; and any fum or fums of
money not exceeding thirty three thoufand three hundred and 33,309!. ju
nine pounds, feven (hillings, for defraying the charge of what arrears to the
remains to be paid to the troops of his majefty the King of ^*^*" troops
Sweden as Landgrave of Hejfe Cajfel^ being one thoufand two '^^*
hundred and fixty four horfe, and four thoufand nine hundred
and eight foot, together with the ^eral officers and train of
artillery in the pay of Great Britain^ from the twenty fifth day
of March exduGve, to the twenty fifth day of Decembery one
thoufand feven hundred and forty one indufive % and any fum 161,607!. T71.
or fums of money not exceeding one hundred fixty one thoufand id. halfpenny
fuc hundred and feven pounds, feventeen fhillinc^s, and onefortheHe(Ean
penny halfpenny, for defraying the charge of the (aid troops of ^''^P* ■^*''
the iCing of S%veden as Landgrave of Heje Cajfely in the pay of
Great Britain^ from the twenty fixth day of December^ one
thoufand feven hundred and forty one, to the twenty fifth day
of December^ one thoufand feven hundred and forty two, both
indufive, together with the fubfidy for the fame time, purfuant
to treaty; and any fum or fums ot money not exceeding twenty »j97i'l* ^s-
five thoufand feven hundred thirty one pounds, fix (hillings and ?^ ^^ .^*^
eight pence, for defraying the charge of the general and ftaff p^^'^
o£cers appointed to attend the forces in Flanders^ together 1741.
with the contingencies for the faid fervice, for the year one thou-
fand

ja Anno dcciipo quioto GeoRgii II. c. 19. [174^

2)651. for an fand feven hundred and forty two ; and ai^ fum or fuma of
|2^^*V«* monev not exceeding one tboufand three liundred and fixty five
Fiandors. pounds^ for defraying the expence of the hofpital for the fervice
of the forces in flafSirs^ for the year one thoufand feven han-
t7,968l. It. dred and fbrtv two ; and any fum or fums of money not exceed-
^^' ^ ' ing twenty feven thoufand nine hundred fixty eight poundsi
l»y o cew. ^^ (hillings and fix pence, upon account of half-pay to the re-
duced officers of his Majefty's land forces and marines, for the
year one thoufand feven hundred and forty two, fubjed to fucll
rules to be obferved in the application or the faid half-pay, as
4*1681. for are herein after prefcribed concerning the fame; and any fum or
S^^^doffi^ "^ ^"°^' ^^ money not exceeding four thoufand one hundred fixty
w'idow^^^" eight pounds, for paying of penfions to the widows of fuch re-
duced officers of his Majeftv's land forces and marines, as died
upon the eftabli(hment of half-pay in Great Britain^ and who
were married to them before the twenty fifth day of Dicembify
one thoufand feven hundred and fixteen, for. the year one thou-
fand feven hundred and forty two ; which faid fum of four thou-
fand one hundred and fixtv eight pounds, (hall be ifllied to fuch
perfon or perfons, as his Majefiy (hall, by warrant or warrants
under his royal fign manual, direct or appoint to receive the
fame^ to be by him or them paid over to fuch widows of half-

[>ay officers, or their affigns, according to fuch eftabliihments,
ifts, or other dire£Uons, and with and lubjed to fuch conditions,
quaUfications, or other allowances for the iame, as his MajeiW,
bv fuch and the like warrant or warrants, (hall be graciouily
pleafed to diredl and appoint.
500,0001. to XXIX. And it is alio hereby enaded. That out of all or any
hmi^of *^^ ^^^ ^^ fupplies provided as aforeiaid, there (liall and may
Auftria, &c. be KTued and applied any fum or fums of money, not exceed-
ing five hundred thoufand pounds, upon account, towards en-
abling his Majefty to concert proper meafures, and form fuch
alliances, or enter into fuch engagements with other powers as
his Majefty (hall judge neeeiTary for the fupport of the houfc (tf
Aufiria^ and reftoring the balance of power in Europe.
Several fums XXX. And it is berebv enadled. That out of all or any the
repaid the aids or fupplies provided as aforefaid, there (hall and may be
finking iund. ififued and applied any fum or fums of money not exceeding
0481 ZA% d. ^^^^ thoufand forty eight pounds, fourteen (hillings, and feven
adStional ^ pence, to replace to the finking fund the like fum paid out of
Ibimp dutiei. the (ame, to make good the deficiency of the additional (lamp
duties at Chrijlmas^ one thoufand feven hundred and forty ; and
io,oool. fait any fum or fums of money not exceeding ten thoufand pounds,
^^' to replace to the finking fund the like fum paid out of the fame,

to the governor and company of the bank, of England for half a
year's intcreft due on or before the eighth day of Marcb^ one
thoufand feven hundred and forty, on the principal fum of five
hundred thoufand pounds by them lent on the credit of the fait
duties towards the fupply of the year one thoufand feven hun-
^i,ooo1. fait jjTgj jmj thirty five; and any fum or fums of money, not ex-
^^' ceeding twenty one thoufand pounds, to replace to the finking

fund

174^.} Anno dedtno quinto GeoRGii II. c.19; 3 c

fund the like fum paid out of the £ime, for a half year's interejEt^
due on or before the fifth day of Novmhr, one thoufand (even
hundred and forty one, on the principal fum of one million two
hundred thoufand pounds, lent on the credit of the (alt duty^
towards the fupply of the year one thoufand feven hundred and
forty one ; and the fum ot twenty feven thoufand eight hundred 17,8511. is.
fifty one pounds, one (hilling and two pence half penny to re* »d. halfpenn/t
place to the faid finking fund, the like fum paid out of the fame, ^"^f^^**
to make good the deficiency^of the duty of twelve (hillings p^r
barrel, on fweets or wines made from iriti/b or foreign fpirits*
at Michoilmas^ one thoufand feven hundred and forty one; and
the fum of nineteen thoufand and eighteen pounds, four (hil- 19,0181.41.
lings, and eleven pence, to replace co the Taid (inkii^fund, the nd. viaual.
like fum paid out of the fame, to make good the deficiency of '^" ^"^y-
the duty upon all vidluallers and retailers of beer and ale, with-
in the cities of London and Wejlminfiir^ and the weekly bills of
mortality, at Michaelmas^ one thoufand feven hundred and forty
ones and any fum or fums of money,, not exceeding two hun-^gj -^,t. ,71,
dred fixty three thoufand feven. hundred thirty one pounds, 7d. cleficiency
leventeen (hillings, and feven pence, to make good tnedefi-^^'^b^g^^^^*
ciency of the grants, for the fervice of the year one thou(and '^^'*
feven hundred and forty one ; and any fum or fums of money f o,oool. to-
not exceeding ten thoufand pounds, to be applied towards the ^?'^^ tmah-
maintenance of the Briiijb forts and fettlements belonging to the^f^^^^^,
royal African company of England^ on the coafts of Afrha \ and ^.oool. for re-*
any fum or fums of money not exceeding four thouland pounds, pairing St.Pe-
towards the repairing and finiflung the collegiate church of Saim ^^f** churchy
PtOr^ Wifimnjier. Weftminftcr.

XXXI. And it is herebv alfo ena£ted. That out of all or any sSt737^*<i*-
the aids or fupplies provided as aforefaid, there (hall and may ^: ' ^^'
be i(rued and applied any fum or fums of money, not exceeding warfs thege-
fifty eight thou(and feven hundred thirty feven pounds, eleven neral fund for
(hillings and two pence three farthings, for maldng good the x74s*
deficiency of tl^ general fund for the year ended at Michaelmai^

one thouland (even hundred and forty one.

XXXII. And be it further enaAed, That the faid aids or The faid fums
fupplies provided as aforefaid (hall not be ifiiied or applied to any ^.'l^,^ ^^
u(€, intent, or purpofe whatfoever, other than the ufes and^lj^^^^^^^"
purpofes bdbre mentioned, or for the feveral deficiencies or ether
payments direded to be fatisfied thereout by any adt or ads, or

any particular claufe or claufes for that purpofe contained in any
other adt or aAs of this prefent itffxou of parliament.

XXXIII. And as to the faid fum of twenty (even thou(and
nine hundred fixty eight pounds, two (hillings and (ix pence,
by this adt appropriated on account of half-pay, as aforefiud ;
it is hereby enadted and declared by the authority aforefaid.
Thai the rules herein after prefcribed (hall l>e duly obferved in

the application thereof; that is to fay, That no perfon (hall Ruin for the
have or receive any part of the fame, who was a minor, and applicatioD of
under the age of fixteen years, at the time when the regiment, ™f P*>'*
troop, or company, in which he (erved, was reduced ; that no

perfon .

38 Anno decimo qutnto Georoii II, ct^: [1742.

perfon liable by law to be committed to the boure of corre^Uon,
conwaion of jj^jj y^ apprehended within any liberty^ city, or town corporate,
fhe county, ^j^^^jg inhabitants are contributory to the fupoort and mainte-
nance of the houfe or houfes of correction of the county, rid-
ing, or diviiion, in which fuch liberty, city, or town corporate,
is fituate; it (hull and may be lawful for the juftices of the peace
of fuch liberty, city, or town corporate, to commit fuch perfon
to the houfe of corredion of the county, riding, or diviiton, in
which fuch liberty, city, or town corporate is fituate; which
perfon fo committed, (hall and may be received, detained,
dealt with, and ordered, and be fet and kept to hard labour, or
conveyed and fent away, or difcharged, and be fubjedt and liable
to the fame correAion and punifhment, to all intents and pur-
pofes, as if committed by any juftice or juftices of the peace of
the fame county, riding, or divifion.

CAP. XXV.

Jn all to impower the importers or proprietors of rum or
fpirits of the Britilh fugar plantations to land the fanu
before payment of the duties of excife charged thereon^ and
to lodge the fank in wareboufes at their own expence\ ani
for the relief of Ralph Barrow, in re/peS to the duty on
fome rock falt^ loft iy the overflowing of the rivers Weaver
and Dane,

WHEREAS /^# fepiral rateSj duties^ and charges of iKcifi
upon all ftrong waters^ brandy^ fpiritSj or Aqua Vitie, inh
ported from beyond the feaSy are^ by the feveral and refpeetive a&i
fbargiffg and impeftng thejame^ dire^led and required to be from time
to time fatisfiea and paid by the merchant or merthants^ importer or
importers of the fame in ready money ^ upon his or their entry or en-
tries made^ and before the landing thereof: and whereas the per-
tnitting rum or fpirits of the growth or manufacture of bis Majeftys
plantations in America, to be landed before payment of the Jeveral
rates^ duties^ and charges of excife now impofed thereon^ and to be
put info wareboufes^ upon the proprietor or proprietors^ importer or
inserters of fuch rum or fpirits ^ firft giving good and fufficient ft-
curity for the payment of the fame^ will be an eofe and convenience
to the proprietor and proprietors^ importer and importers thereof^ and
may caufe and promote a larger and greater impcrtation thereof \ be it
therefore enaded by the Kind's moft excellent majefty, by and
with the advice ana confent of the lords fpiritual and temporal,
^nd commons, in this prefeilt parliament aflembled, and by the
Kum, &c. im- authoritv of the fame. That from and after the twenty ninth
Pj"'^^/r?"* day of ieptember^ one thoufand feven hundred and forty two,
cotonics may *'' f^^^ ^""^ ^^ 'P'"^^ ^^ ^^5 growth, produce, or manutaAure
bo landed, on of the Bri/ijb fugar plantations, as* (hall be imported into the
ibcuntygiYen. kingdom of Great Britain^ dire<ElIy from the faid fugar planu-
ciops, or any of them* upon the entry thereof may forthwith,
ijAd before payment of all or any part of the (aid duty of excif<^

be

i742«] Anno decimo quinto G£ORaii II. c.25. j^

be landed from on board the (hip or veflel in which the fame
ihall be fo imported, and carried or put into Aich warehoufe or
warehoufes, as fhall be for that purpofe provided at the charge
of the refpe<5Hve proprietor or proprietors, importer or import-
ers of fucb rum or fpirits, and mall be approved of by the com*
mif&oners of exctfe, or the major of them for the time being,
upon the; proprietor or proprietors, importer or importers of fuch
rum or fpirits, that (hall beTo landed, firft giving (at his or their
charge and expence) his or their bond, or other good and fuf-
ficient fecurity, which the commiffioners or other proper officers
of the excife are hereby required and impowered to talce, for
payment of all and every the duties of excife, which fuch rum
or Ibirits is charged with, and liable to pay, as foon as the fame
(hall be fold, in cafe the fame be fold within fix months from
and after the time the fame (hall be fo landed and put into ware-
houfes, as aforefaid; and in cafe the fame (hall not be fold with-
in the (aid fix months, then to jpay the fame at the end of fuch
fix months; fuch duty of exciie to be computed according to
die gauge of fuch rum or fpirits, to be taken at the time the
lame ihSl be fo landed and lodged in ¥rarehoufes, as aforefaid*

II. And be it further enacted by the authority aforefaid.
That fuch rum or fpirits as (hall be fo brought into (tich ware-
houfe or warehoufes, ihall not be taken or carried out thence, on
any account whatfoever, other than is herein after mentioned.

III. And be it further enacted by the authority aforefaid, Rumi. 8cc.
That in cafe any fuch rum or fpirits (hall be landed or put on landed with.
ihore out of any (hip or veflcl, before due entry be made there- ?"V!'^"^»
of at the cuftom-houfe, and with the coUeftor of excife at the ^'*"^^*
port or place where the fame ihall be imported, and the (aid du-
ties of excife fecured, or without a warrant for the landing or
deUverii^ the fame, firft figned by the faid collector or other

proper officer of excife, or without the prefence of an excife of-
ficer, th;9t all fuch imjKnted rum or fpirits as (hall be fo landed
or put on (hore, or taken out of any (hip or veflel contrary to
the true meaning thereof, or the value of the (ame, (hall be for-
feited, and (hall or may be recovered of the importer or pro-
prietor thereof; videUat^ one moiety of the fame to the ufe of ^^^ y^^\f j^
his ^Aaje(ly, his heirs and fucceflbrs, the other moiety to the ufe the King, &c.
of fuch perfon or perfons as will feize the faid rum or fpirits, or
inform or fue for the fame, or the value thereof, to be fued for,
levied, recovered or mitigated by fuch ways, means and methods,
as any fine, penalty or forfeiture is or -may be recovered or mi-»
tigated by any law or laws relating to his Majeftv's revenues of
excite, or any of them, or hy zS^on of debt, bill, plaint or in-
formation in any of his Majcfty's courts of recprd at Wfftmin-
fier for that part of Great Britain called England^ or the court of
exchequer at Edinburgbj for that part of Gnat Britain called
Scotland. «

IV. And be it further ena6ted by the authority aforefaid.

That before fuch rum or fpirits of the Britijb fugar plantations Th« c*(ki to
^1 be landed and lodged in (iidi warehou^b or wvelioofe^ -a ^JJ^^*^

P 4 mark ™™^

40 . Anno decipfio quipto CEOKOir U. Cfig* [1742*

(.mark ^all be fct on ev/eiy caik or vcflfil of fuch rum or fpirits,
mentioning the particular qi^aptity of rum or fpirits of t{ic
firitijb fugar plantations which is contained therein, according
to the gauge thereof to be then ta|fLen, and who is or are tlie
kccpcrs^toVn- ''^'P^^^^* proprietor or importer thereof; and the keeper or
term books keepers of fuch wareboufe or warehoufes, and the perfon of
the rum, &c. perfons who (hall be appointed by the commiflioners of his Ma-
lodgcdin their j^'s cxcifc to attend the faid rcfpedive warehoufes, (hall each
vafKboujj^i of them keep one or more book or books, wherein they (hall
refpedtively and feparately, fairly enter in writing, an exadt, par-
ticular, and true account of all luch rum or fp'u-its of the Britijb
plantations, as (hall firom time to time be brought into, ^nd
carried out of the refpeAive warehoufe or warehoufes to which
he or they (hall refpedlively belong, and the days and times when
the fame (hall be brought in, and carried out, and the name of
the refpe<5Hve ptfrfon or perfons to whom, or for whofe ufe the
fame was delivered out, and (hall at the end of every fix months,
pr oftner if required, trgnfmit in writing an account thereof
upon oath to the comIni(^oncrs of the faid duties of excife for
the time being, together with an e^adl account of how much is
then remaining in the refpiedive warehoufe or warehoufes, to
andrendersc. which they refpeAiveiy belong; and the cQmmi(rioners for the
count on oath, faid duties of excife are hereby required and enjoined, within
one month after the faine (hall be refpe<5livcly tranfmitted to
them as aforefaid, to infpedt and examine the faid accounts;
and if, upon fuch examination it (hall apojcar, that any of the
faid rum or fpirits were delivered put or the fai^ w'arj^houfes,
ptherwife than as herein is mentioned, or before pavcpeht of his
Majefty's faid inland duties of excife, for fuch the (aid ruip and
fpirits as (hall have been fo delivered out of the faid warehoufes,
then the (aid warehoufe t^eeper or warehoufe keepers, aqd o(ficer
and officers refpedtively offending therein, (hall not only be
jdifabled tQ hold or enjoy any publick office or employment, but
F<rn&!ty. (hall ;ilfo forfeit ai>d lofe for every fuch p^ence the (urn of one
hundred pounds, to be fued for, levied and recovered or miti*
gated by fuch. ways, and means, and ojethods, as any fine,
penalty, and forfeiture is or may be recovered or mitigated,
by any I?iw or laws relating to his Maje(ly*s revenues of excife,
or any of them, or by adion of debt, bill, plaint or informa-
tion, in any of his Majefty's courts of record at tVeJiminfter^
for that part of Great Britain called England^ or the court of
exchequer at Edinburgh^ for that part qf Grecfi Britain called
Scotland.
V. And be it further enadVed by the authority aforefaid,
. . ^ That the faid rum or fpirits fp lodged in warehoufes as afprefaid,
dclivefyTout^ (hall and may from time to time be delivered oqt of fuch ware-
of the ware- houfc or warchpufes refpedlively, upon payment of his Majefty's
houfet. duties of excife thereon, and upon the proprietor or importer,

. or fuch perCon or perfons as (hall be appointed by him or them
for that purpofe, producing to the reipeclive warehoufe keeper
pT wacehoufe l^epers^ at^ the pffif^r appointed by the commjf-
^ . ^ ... fioncf^

174^0 Anno decimo quinto Georgii IL €.25. 41

fioners of excife to attend thefe warehoufes, a warrant or war-
rants, certificace or certificates, figned by the coIIeAor, receiver
or other proper officer of excife, appointed to receive the duties
payable thereon, certifying that he has received all and every the
faid duties of excife, to which the faid mm or fpirits fo defired
to be delivered out of fuch warehoufe, was liable and fubjedl to
pay, fuch warehoufe keeper or warehoufe keepers, and officers
of excife, attending fuch warehoufe or warehoufes, (hall deliver
out of fuch warehoufe or warehoufes, fo much rum or fpirits, as
(hall be mentioned or expreifed in fuch warrant or warrants,
certificate or certificates refpedively, to have paid the faid' excife
duties; and the refpedVive warehoufe keeper or warehoufe keep-
ers are thereupon to give fuch importer, or proprietor, or per- .
fon lb employed to take care of the delivery thereof, a permit
or certificate, to accompany fuch rum or fpirits fo delivered out,
which permit or certificate (hall be alfo figned by the excife of-
ficer attending the faid warehoufe or warehoufes, who Qiall be
appointed by the commiffioners for the faid excife duties, or the
mwr part of them, to prevent the feizing thereof.

VI. Provided always. That no proprietor, importer or buyer Wh^t quanti.
of the faid rum or fpirits, or other perfon or perfons, to be by ^*"J? ^ ^^^
him or them appointed, (hall receive out of any fuch ware- ^ *^ ^"**^
houfes aforefaid, any lefs Quantity of rum or foirits at one time,

rhan one puncheon, hogmead, or other ca(k,^ containing not
lefs than twenty gallons, unlefs fuch rum was for the ufe of the
mariners and (eamen in the voyage.

VII. And be it further enaAed by the authority aforefaid. Locks to die
T'hat it (hall and may be lawful for the proprietor, or importer ^"^*w*»owf«*i
of fuch rum or fpirits, fo to be lodged in any fuch warehoufe or
warehoufes as aforefaid, to affix one lock to every fuch ware-
houfe, the key of which (hall remain in the cuftody of fuch pro-
prietor or importer; and to and for the officer or officers to be
appointed by the faid commiffioners for the faid excife duties, to

;ittend fucb warehoufe or warehoufes, to affix one other lock up-
on every fuch warehoufe or warehoufes, the key wkereof to re-
main in the cuftody of the faid officer for the faid excife duties;
^nd the faid proprietor or importer (hall and mav in the prefence
of the faid warehoufe keeper, or excife officer (who are hereby
obliged to attend at all reafonable times for that purpofe) view,
examine, (hew and receive out of the faid warehoufe or ware-.
boufes, the faid rum or fpirits, or any part thereof, not lefs
than the quantity herein before for that purpofe mentioned, up-
on paying the faid duty of excife for the fame; and upon pro-
ducing fuch certificate or receipt from the colledlor or receiver
of the faid inland duties of excife, pf the fame being paid in
manner as is herein before for that purpofe particularly pre-
fcribed.

VIII. Provided always, and be it ena<aed, That all and every Rum in wire-
fuch rum or fpirits of the Briti/b fugar plantations, as (hall be houfet, fubfea
fo lodged in any warehoufe or warehoufes, (hall be fubjei^ and to ^}^^ 1^^ <^
liable to the fame duties, both of exfife and cuftoms, to be ap- £L^"^ ^

4^ Aimo decimo qointx) GsoROii II. c.2;. [1742.

{»Iied to the fameufes and purpofes, and to be managed and cd-
efted by the fame perfon$, anrd in the fame manner, fubjeA and
liable to all and every the Tame rules, entries, reftridtions, regu-
lations, limitations, penalties and forfeitures, as are in and by
the feveral afts of pariiament, by v^hich the (aid duties are
granted, or any of them, for that purpofe particularly defcribed,
apoointed, limited and enafted, (ave and except in the panicular
inftances heitby mentioned and provided for, and to be applied
to the fame.
Itumt, Sre. re- IX. And be it further enacted by the authority aforefaid,
nainingin the That in cafe fuch rum or fpirits (hall after landed, be permitted
^bo*^ f"^^ or fufFered to remain in fuch warchou(e or warehoufes, in which
months ^ the fame (ball be fo lodged for the purpofes aforefaid, for any
time exceeding the fpace of fix months, after the fame (hall be
fo landed and lodged in fuch warehoufe as aforefaid, and the im-
porter or proprietor, or other perfon or perfons by him or them
appointed, (hall not within the faid fix months pay, or caufe to
be paid to the col1e(5lor or receiver of the excife duties appointed
to receive the fame^ all and every the duties of excife, to which
the fame are fubjeA and liable; and (hall omit to procure or bring
fiich certificate herein before direAed to be had and made, from
Tuch colleAor or receiver to fuch warehoufe keeper or warehoufe
keepers, and to tjhe officer of excife attending the fame, of the
payment of the faid duties of excife, within the time aforefaid;
Aallbefoldby that then it (hall and may be lawful to and for the faid commif-
iiu^Hon to pay fioners of excife, or the major part of them for the time being,
Ac. **^* ^^ direS and order fuch rum or fpirits fo lodged in fuch ware-
houfe or warehoufes, for which the faid duties (hall not be paid
within the time aforefaid, to be put tip to fale by publick cant
or auction to the beft bidder or bidders for the fame; and the
money arifing by fuch (ale, (hall be in the firft place applied in
difchai^e of the faid duty fo payable thereon, and the charges
attending fuch warehoufe or warehoufes, and alfo the expence of
fuch fale; ud the furplus of the monies fo arifing by luch fale
(if any) after payment of the faid duties and charges, (hall go
and be paid to the proprietor or importer of the faid rum and
l[pirits, who fo landed and lodged the fame in the faid warehoufe.
X. And be it further enaAed by the authority aforefaid,
Contjnaance That this 2& (hall continue and be in force from the twenty
r^^ILlI^A. ^^^^^ ^*y ^^ September^ one thoufand feven hundred and fony
• Geo c 6 ^^^> *^ *^ twenty ninth day of Septimbir^ one thoufand feven.
^3 •». .a . jjyjjjpgj j^j^j f^j^y y^jj^g^ 3jjj fj.Qn^ thence to the end of the next

feffion of parliament, and no longer.

Piides oB ftlt ^' -^^^ whereas by the high floods and overflounng of the rivers

rxcufed to Weaver and Dane at Leftwich, near Northwich in the county of

RalpbBarrow. Chefter, in the month of December, one thoufand feven hundred

andf^ty^ twelve tons of rock fait j or thereabouts^ belonging to Ralph

Banow ^Northwich aforefaid j were wafted andconjumedi andfer

/ecuring the payment of We duh thereof^ bond was given by him^ or

feme perfon or perfons on his behalf \ be it therefore enaSed by the

authority aforefaid, That for a^d in coAfideration of the duty

fccurcfl

w

1742.] Anno dectflio quShto Gkorgii 11. C.25. 43

fecured to be paid by the faid Ralph Barrowy in refpedt of the faid
twelve tons ot rock fait, thefaid bond or bonds given hj the (kid
Ralph Barrow^ or any other perfon or perfons for and m refpeA
of the duty of the faid twelve tons of rock fak, (hall from hence*
forth bedifcharged and vacated ; and the (ame is and are hereby
difcharged and vacated accordingly; any a^ or z&s of parlia-
ment to the contrary notwithftandtng.

CAP. XXVI.
An eH far the better ^^^f^jjg ^^ cammiffianers far huiUing
a bridge crofs the river Thames, from the city of Wcft-
minftcr to the oppqfite Jbore in the county of Surrey, to
fnifb the faid bridge^ and to perform the other trufis r^-
fofed in tbem^ and for enlarging the time for exchanging
of tickets unclaimed in the laft lottery for the faid bridge^
and to make provijkm for tickets in the faid lottery ^ loft^
burnt or otherwife dejiroyed.

rH E R E A S the commijjsoners fer huilUng a bridge crofs tSg
river Thames, frm the Woolftaple, ^ thereabmts^ in the
farijb of Saint Margaret in the city of We(hninfter, to the opfofite
Jbore in the county of Surrey, are by virtue of fevetai e&s of par-
Uament pajfedin the reign of his prefent Mojefiyy impewered to maloy
tpeny deftgn^ ajjign ana lay mt fuch new wnys^ ftreets andpqffhges^
as they fhall find proper to be opened and made on each fide the river
of Thames, to and from the intended bridge j the courts ef jvfiice^
hth houfes of parliament^ and the parts adjacent \ and to agree for
and purcheje fuch houfes and grounds as they Jball find nicejtary for
them to he poJTeJfed of^ and to be removed^ rebuilt^ pulled down^ or
emplofedfor thatpurfofe^ comprized within certain bounds and limits
tuntioned and defcribed in an aH paffed in the twelfth year of the
reign of his prefent Majefty^ intituled^ An a2t to enlarge the pow- iiGeo.s.c.3).
ers of the commi(riohers for biiilding a bridge crofs the river
Thames^ from the WoolJlapU^ orthereabouts^ in the pari(h of
Saint Margaret in the city of Wefiminfier^ to the oppoute (hore
in the county of Surrey^ and to enable them by a lottery to raife
money for the feveral purp6fes therein mentioned, and to en-
large the time for exchanging tickets unclaimed in the laft lot-
tery for the faid bridge, and to make provifion for tickets in the
laid lottery lo(l, burnt or otherwife dcftroyed; and in one other ,.q^q i.c.4o.
aS made in the fourteenth year of bis prefent Majefty^ intituled^ An
a6t to enable the commiflione- s for buildine a bridge crofs the
river Ihamesy from the city o( If^eftminfterj to the oppc&te (hore in
the county of Surrey^ to raife a fiartner fum of money towards
fini(hing the faid bridge, and to perform the other trufts repoied
in them, and for the exchanging of tickets unclaimed in the
jyeflmififter Bridge lottery, of the twelfth year of his prefent
Majefty's reign, and for making provi(ion for tickets in the faid
lottery, 1o(t, burnt or otherwife deftroyed : and whereas the ap-
froacies to the [aid bridge^ the courts of jufiice^ both houfes of par ^
Kament^ and tie parrs adjacent ^ might h rendred more open and con--

venient^

w

44 Anno dtcima quinto GfioRGii II: CA 7. [1 742,

vemeniy U thi gnat eafi $f pqffingers^ and the publick in tbi gene-
ralf in caf$ the faid iommiffitntn were enablid to open and widen a
km calUd Saint Margaret^ Lane, Jituats between the Old and
New Palace Yards, within tbepartjh of Saint M^rgaxet at Weft*
minfter, and for that purpofe were enabled to pur chafe j pull down^
and remove certain buildingSy houfesj grounds and eftates^ Jituated
within the faid lanOy and thereunto adjacent^ and which are notcom-^
prized within the limits prefer ibed by the faid afore mentioned a£i:
wherefore, for promoting and encouraging a defieo fo ufeful and
beneficial to the nublick, may it pleafe your moft excellent Ma«
jefty that it may be enaAed, CrTr.

6t. Mamret**' lane to be widened. Anjr intertft of tbe crown may be
conveyed to tbe commiiSonert of the bridp. Cbmmiflxoners may difpde
of purchafed landt. io,oobi. towanit building tbe bridge and making
ways. Commiflioners to account to parltamenc annually.

CAP. xxvn.

An aS.for tbt more effeltual preventing any clotb^ or woollen
goods remaining upon tbe rack^ or tenters^ or any wooUen
parn^ or wool left out to dry from htingftolen^ or taken
away in tbe fdgbt-time.

"HERE AS clothiers and others concerned in the woollen ma^
tmfaSlure are under a necejjity of letting their cloth^ and other
woollen goods remain upon the rack or tenters^ as alfo of fuffering their
wool to lie expofed in the ni^ht-timi^ in order the better to dry and
prepare tbe jame\ whereby their faid foods are more frequent^ lia-^
He to beflolen by wicked and evil defigning perfons who are encouraged
in their wickednefsj by the difficulty of proving the identity of the
goods Jlolen't therefore to fecure the property of fuch clothiers,
and others concerned in the woollen manuraAure, and to faci-
litate a difcovery of fuch goods fo ftolen; be it ena6led by the
King's moft excellent majefty, by and with the advice and con-
fent of the lords fpiritual and temporal, and commons, in this
prefent parliament aflembled, and by the authority of the fame.
That from and after the twenty nmth day of September^ one
thoufand feven hundred and forty two, in cafe any cloth or
woollen goods remaining upon the rack, or tenters, or any
woollen yam, or wool Ittt out to dry, (hall be ftolen or taken
away in the night-time; it fhall and may be lawful to and for
any one or more juftice or juftices of tne peace of the fame
county or place, upon complaint made to him or them, within
ten days after fuch cloth, woollen goods, woollen yarn, or
wool, (hall have been fo ftolen, or taken away, by the owner
of fuch cloth, woollen goods, woollen yam, or wool, by war-
Searcbmaybf P"^ under his or their hands and feals, to authorize and im-
made for power any conftable, headborough or other peace officer in the
plotb ftolen day- tjme^ to enter into, and fearch the houfes, outhouies, yards
*^S[i^*"^r «, gardens or other places belonging to the houfes of all and every
S^to^. pcrfon and pcrfQnj whoip ti&e oyvpcr of fi|c^ cloth, woollep
^ ■ ' L goodsy

i742>] Anno decimo quinto Georgii IJ. C^i/^ 45

eoodsy woollen yam or wooU (hall, upon his oath, declare to
luch juftice or juftices of the peace, he fufpeds to hsfve ftolen,
taken away, or received the iame; and in cafe fuch conftable,
or other officer, (hall find or difcover any cloth, woollen goods
or wool, which he (hall from the information of the ^ctfon
making fuch oath, have reafon to fufpeA to be fo ftolen, taken
awav or received, he (hall forthwith apprehend all and every
perion or pcrfons in whofe cuftody or pofleflion fuch clotty
woollen goods or wool (hall be found, and carry him, her or
them, bdfore fome iuftice or juftices of the peace of the fame
county, riding, diviuon, liberty, city or town corporate; and if
the faid perfon or per(bns (b fufpeAed, apprehended and carried ^^^jj%uni
before the faid juftice or juftices, (hall not then and there give ^^l^accoanu
a fatisfaAory account, bow he, d)e or they acquired the property ed fbr before
or pofleflion of fuch cloth, woollen ^oods, woollen yam orajuftke.
wool, or (hall not, within fome convenient time to be fet by the
faid juftice or juftices, produce the party or parties of whom he,
(he or they received the fame, or Ibme other credible witnefs to
depo(e upon oath fuch property or right to the pofleffion of the
faid doth, woollen eoods, woollen yam or wool (which oath
the faid juftice or juftices is and are hereby impowered to admi-
nifter) that the faid perfon or perfons fo fufpeAed^ and not giving
fuch fatisfadtory account, nor produdhg any fuch witnefs upon
oath to teftify as afbrefaid, (hall be deemed and* adjudged as
convicted ot the faid offence of ftealing or taking away
the faid cloth, woollen goods, woollen yam, or wool, and^^^ ,
fliaU for the firft offence forfeit and pay to the owner of fuchfo^"fScbte
cloth, woollen goods, woollen yam or wool, treble the value value,
thereof; and in default of payment thereof, in the time appoint-
ed by fuch juftice or juftices for the payment thereof fuch juftice f *"?i*t ^^
or juftices of the . peace ftiall iffue forth his or theTr warrant to^^^i^ j^Ji |jJc|
levy the fame by diftvefs and fale of the offender's goods, return-
ing the overplus, if any be; and in default of fuch diftrefs,
(hall commit the offender or offenders to the common gaol of
^e county,''city or place where the (aid offender oroffenders (hall
be apprenended, there to remain for the fpace of three months
without bail or mainprize, or until be, (he or they pay the fame;
and if fuch perfon or perfons (hall again commit the (aid offence,
and be thereof convidted as before, then they and every of them
fo offending the fecond time, and being thereof fo conviited,
(hall, over and above the forfeiture of treble the value of the
doth, woollen |oods, woollen yam or wool fo found to be re-
covered and levied as aforefaid, be committed to the common g s^ ,^
gaol as aforefaid, there to remain for the fpace of fix months g^I^rtitiin-
without bail or mainprize; and if fuch perfon or perfons (hall prifonment.
again commit the faid offence, and be thereof convifted as be-
fore, the juftice or ju(Hces of the peace before whom (bch per-
fon or peribns (hall be fo conviAed as aforefaid, (hall forthwith
iffue his or their warrant to commit the faid offender or offenders
to the common gaol as aforefaid, there to remain till the next
ai&zes or great fmon, where the fiiid offender or ofienders (hall

be

46 AiuiQ()qcimoquiDtoG£OR6iI IT. C.28. [1742.

be tried (qv the (aid offence i sukI ia cafe fuch offender or offend-
ers (hall not by producing the party or parties of whom he, (he
or they ac(iuired the property or pofleflion of fuch cloth, wooU-
en goods, woollen yarn, or wool, or otherwiie prove to the fatis-
faifUon of the jury, that he^ (he or they lawfully obtained the
property or poflelTioa of the fame, be, (he or they (hall be ad-
Tranfporta. jajg^ tabe guilty of felony* and fufier tranfportation for the
yars,Tor the ^P^^ ^^ ^^^^ y<W9, and (hall be liable to the fame punifhment,
third'oifence. and to the Uke methods of proTecution, trial and convidlion for
returning from fuch tranijportftion, as other felons tranfported
are liable unto.bY virtue of tb^ laws now in force.

II. Provided always, and be it farther enadked by the autho-
rity aforefaid,. That if a^y perion or perions (b (iitpefted, and
apprehended as aforefaid^ (ball (ind him, her or themfelves ag-
grieved by any judgment or d^rmination, which (hall be given
or made by any juUice or jufticcf of the peace by virtue of this
2£t^ it (hail and may be lawful to and (or finch perfon or perfens
(b a^ieved, (unlefs he, (he, ot they have twice before been

Appeal to the convicted of the fame offence) to appeal unto the juftices of the

Suarter fef- peace in their genera] quarter feffions* which (hall happen to be
ont. held next after fuch judgment or determination given or made,

who are hereby authoruKxl and impowered to give fuch rilief,
and make fuch order therein* as to them (hall feem meet ; and
fuch judgment, order or determination asfliall be by them made
upon the (aid appeal, (hall be final to all intents and purpo(es
whatfoevcr.

III. Provided alfo. That this zA (hall not extend to alter or
repeal any hw now in force, for the punilhment of any par(bti

Provlfo. or perfons ftealing or receiving fuch doth, woollen goods, wooll-

en yarn, or wool, except in fuch cafes where the proof b laid
upon the offender or offienders as aforelaid; any thing herein
conuined to the contrary notwithftaoding.

CAP. XXVIII.

Am aH for the more ejfeRual preventing the counterfeiting of
the current coin of this kingdom^ and the uttering or pac-
ing of falfe or counterfeit coin.

BE it ena(5led by the King's moft excellent majefty, by and
with the advice and content of the lords fpiritual and tem-
poral, and commons, in this prefent parliament afltmbied, and
by the authority of the (ame. That if any perfon whatfoevcr
(hall, after the twenty ninth day of September^ in the year of our
Lord one thoufand Teven hundred and forty two, wa(h, gild or
colour any of the lawful (ilver coin called a /billing or zftxpencij
or atiy counterfeit or falfe (hilling or fixpence, or add to or alttf
the imprcdion, or any part of the impreflton, of either (ide of
fuch lawful or counterfeit (hilling or fix pence, with intent to
make fuch (hilling re(emble or look like, or pafs for a piece of
lawful gold coin called a guineoy or with intent to make Tuch (he-
pence re(emble or look Uke» or pafs for a piece of lawful gold

coin

1 742.] Anno dedmQ qulnto GeoROII IL C.2 8. 47

coin called zn half guinea % or (hall file, or any ways alter, wa(h,

or colour any of the brafs monies called baljpenntes ox farthings^

or add to or alter the impreflion, or any part of the impreflion

of either fide of an halfpenny or farthing, with intent to make

an halfpenny refemble or look Iike,or pafs for a lawful (hilling, or

with intent to make a farthing refemble or look like, or pafs for a ' ^^^p^

lawful fixpence, the perfon and perfons fo oflfending in any of ^^'^j gj^^

the matters aforefaid, their counfellors, aiders, at^ttors, and coin, &c.

procurers, (hall be, and is, and are hereby adjudged to be guilty

of high trea(bn.

II. And whiTias the uttering tffalfe money ^ Jtncmng it to be/al/e,
is a crime frequently committed all over the iingdom^ and the offend*
ers therein are not deterred^ by reafon that it is onlv a mi/demeanor j
and the puni/bment very often is butfmaU^ though there be great rea-
fon to believe thai the common utterm of fuch falfe money are either
themfehes the coiner s^ or in confederacy with the coiners thereof: for Utterin j faUb
preventingwhereof, be it hereby fiinher enaded by the authority money lnow«
aforelaidyihat if any perfon whatfoever (hall,after the faid twenty i"gly» ^ .
ninth dajr of September^ utter or tender in payment any falfe or S^^t^Md*
counterfeit money, knowing the fame to be ralfe or counterfeit, fecurity for
to any perfon or perfons, and (hall be thereof convided, fuch two yean
perfon 10 offending ihall fuffer (ix months impri(bnment, and ^<^-

find fureties for his or her good behaviour for fix months more,
to be computed from the end of the faid firft (ix months ; and 0 1, r -j
if the fame pcifon (hall afterwards be convidted a fecood time of ^^J^Jg J^
the like offence of uttering or tendering in payment any falfe or yeart impri-
counterfeit money, knowing the fame to be fo, fuch perfon (hall, fonment, and
for fuch fecond offence, fuffer two years imprifonment, and find fec^^ity for
fureties for his or her good behaviour for two years more, to be ^^^ y«»"*
computed from the end of the faid firft two years ; and if the - . . -.
fame perfon (hall afterwards offend a third time in uttering or o^ncc, fc-
tendermg in payment any falfe or counterfeit money, knowing lony, without
the fame to be lo, and (hall be conviAed of fuch third ofFence, ctergy.
he or (he (hall be and is hereby adjudged to be guilty of felony,
without benefit of clergy.

III. And it is hereby further enacted by the authority afore- uttering falfe
(aid^ That if any perfon whatfoever, (ball after the (aid twenty money twice
ninth day of Septembery utter or tender in payment, any fal(e within 10

or counterfeit money, knowing the fame to be fidfe or counter- ^y"»
feit, to anyjperfbn or perfons, and (hall either the fame day, or
within the (pace of ten days then next, utter or tender in pay*
ment any more or other falle or counterfeit money, knowing tha
iame to be falib or counterfeit, to the fame perfon or perfons, or
to any other perfon. or perfons, or (hall at the time of fuch utter-
ing or tendermg have about him or her, in his or her cuftody„
one or more piece or pieces of counterfeit money, befides what
was fo uttered or tendered, then fuch perfon fo uttering or ten- ^ ^^^^ ^
deling the fame, (hall be deemed and taken to be a common ney incuR^T
utterer of falfe money, and being thereof coovided, (hall fuf- ^^
fer a year's imprifonment, and (hall find fureties for his or her
pod behaviour for two years more^ to b« computed from the
2 end

48 Anno decimo quinto GeorgJi 11. c.28. . [1742;

end of the faid year; and if any perfon having been once fo
^ ^"fim*!!- ^^'^y'^^ *5 ^ common uttercr of falfc money, (hall afterwards
IbmaMj&c. ^^^ "^^^r or tender in payment any falfe or counterfeit money
to any perfon or perfons, knowing the fame to be falfe or coun-
Snbfequent terfeit, then fuch perfon being thereof conviAed, (hall, for fuch
olfeiice, fe« fecond offence be, and is hereby adjudged to be guilty of felony
looy, &c. without benefit of clergy.

IV. And it is hereby further ena^ed by the authority aforc-

htoMTulud. ^^^^ ^^^^ ^^^ P^'"^^'^ ^^ perfons convided of any of the trea-
'^ ' fons and felonies refpe<5livdy herein before mentioned, (hall
fufFer death as in cafe of high treafon and felony refpe<Stively;
but the blood of the heirs of fuch offender (hall not be thereby
corrupted, nor (hall his wife thereby forfeit or lofe her dower
out of or in his lands or real e^ate.
Evjdenceto V. And it is hereby further enaded, That the perfon and
bethefameatperfpns that (hall be guilt]^ of any of the treafons, felonies or
now ufed a- crimes aforefaid, (hall be indiAed, arraigned, tried, and con-
S^Ui^"thc ^'^^^ ^y ^^^^ '*^^ evidence, and in fuch manner as is now ufed
coiiT °^ ^^^ allowed aeainft any offenders for counterfeiting the lawful
coin, provided that there (hall be no profecution for any of the
offences made treafon or felony by this aft, unlefs fuch profecu-
tion be commenced within fix months next after fuch offence
(hall be committed.

VI. And whereas the coining or cmnierfiiting any of the copper
money of this kingdom is only a mifdimeanor^ and the punifl>mentd'teii
very jmall\ be it hereby fuither enadled by the authority afore*

Coinert of ^'"^^ T\\2X if any perfon whatfoever, (hall, after the faicf twenty

copper mo- ninth day of September^ make, coin or counterfeit anv brafs or

oey to be im- copper monev^ commonly called a halfpenny or a farthings fuch

prifoned two perfon offending therein, and his, her, and their aiders, abet-

yeart. tersand procurers being thereof convided, (hail fuffer two years

imprifonment, and find fureties for his or her good behaviour

for two years more, to be computed from the end of the faid

firft tw6 years.

VII. And it is hereby further enabled. That whoever (halt
after the faid twenty ninth day of September^ apprehend any per-
fon or perfons who have committed any of the offences
hereby made high treafon of felony, or who (hall have made
or counterfeited any of the copper money aforefaid, and (hall
profecute fUch offenders, until he, (he or they (hall be thereof
convidled, fuch profecutor and profecutors (hall have and receivd

40I. forcon* from the (heriff or (heriffs of the county or city, where fuch
vising a per- convidion (hall be made, for every fuch offender fo conviftedof
aSd fclonyV" ^^^ °^ ^^^ treafons or felonies aforefaid, the fum of fony jpounds J
^ * and for every perfon (b cbnvicSed of counterfeiting any or the faid
And f 0I. for copper money, the fum of ten pounds, without paying any fee
conti^tjnga for the fame, within one mOnth after fuch convi<hion, and de-
perfonor mand thereof made, by tendering a certificate to the faid (heriff
w^DCTm^'^^e* ^^ Sheriffs for the time being, or his or their under-fheriff; un-
ppcrmoncy. j^^ the hands of the judge or juftices before whom fuch con-
viction (hall have been made, certifying flich conVi<5lion, and

that

I74^.1 Anno decimo quinto GeorGiiII. C.2S. 49

:hat the offender or offenders were apprehended and profecuted Certificate to

t>y the perfons claiming the faid reward, and thereby dircding ^ S!^"* ^y

in what (hares and proportions the faid reward (hall be paid and '" ^^

lividcd to and amongft fuch profecutor or profecutors ; which

rertificate the faid judge or juftices are hereby required to give

nrithout delay or fee ; and if the faid (heriff or (heriffis (hall not Pcnaltyonthe

)ay the faid reward accordingly, within the time aforefaid, he (herifTs not

Dr they (hall forfeit to fuch profecutor and profecutors feverally, paying the

loublc the fum which by the faid certificate (hall be direfted to rewaro,

[>e feverally paid to them, to be recovered by him, her, or them,

3r his, her, or their executors or adminiftrators, in any of his

^fajefty's courts of record at Weftminfter^ by adlion of debt, bill,

3r information, with treble cofts of fuit, expended or paid in

recovering the fame ; and fuch (heriff or (heriffs (hall be allowed,

)r may dedu<5t fuch rewards, upon his, or their accounting; with ^}}*"5^ ^

lis Majefly, without any fee to be paid in refpe6t thereof; and Symcnts^^

f he or they (hall not on pa(fing fuch account have money fuf- bit accounts, J

Scient in his or their hands to anfwer what (hall have been paid &c.

For fuch rewards, then the fame (hall be repaid by the lord trea-«

iirer, or commiQioners of the treafury for the time being, out

3f the revenues of the crown, on certificate for that purpofe.

From the clerk of the pipe.

VIII. And be it hereby further ena(5led by the authority a- If ofFenden^
fbrefaid. That whoever being out of prifon, (hall, after the faid *^;^g out of
twenty ninth day of SepUmber^ commit any of the offences a- ^ch two"
forefiiid, and (hall afterwards difcover two or more perfons, who others, they
(hall, after the time aforefaid, have committed any of the faid (hall be par-
offences, fo as fuch two or more perfons (hall be thereof con- doned.
vided, fuch difcoverer (hall have, and is hereby intitled to his
Majefly's moft gracious pardon for fuch his or her offences*

IX. And be it hereby further enadted, That if any perfon Manner of
(hall be convided of uttering or tendering any falfe or counter- P"^^*S"^£? *
feit money as aforefaid, and (hall afterwards be guilty of the like £'^otb« °^*
offenoe, in any other county or city, the clerk of the a(rize, or county.
:Ierk of the peace for the county or city where fuch firft con-

yi^on was fo had, (hall, at the requeft of the profecutor, or
my other on his Majefty's behalf, certify the fame by a tranf-
3ipt in few words, containing the effed and tenor of fuchcon-
riAion ; for which certificate two (hillings and fixpence, and no
more, (hall be paid; and fuch certificate being produced in
:ourt, (hall be fufficient proof of fuch former convidtioh.

X. And whereas by an a£f madi in thefeventh year of the reign 0/7 Amw, c. t4#
her late majefiy ^en Anne, intituled^ An adl for the continuing ^* ♦•

the former ad/for the encouragement of coinage, and to en-
courage the bringing foreign coins, and Britijb or foreign plate
to be coined, and for making provifion for the mints in Scotland^
and for the profecuting offences concerning the coin in England^
there is a limited fum of four hundred pounds a year, dire^ed to be
aUawedout of the coinage duty for the expences of profecuting offenders
etgainft the taws relating to the coin ; which fum for feveral years laji
paft has prevedgreatfy deficient^ infimucb that there appears to have
VoL.XVm, % been

w

50 Anno decimo quinto GEORGir IL c. 29. [i 742.

been expended fff the carrying $n of thofe profecuiions^ the fum ef

/even hundred and two poundsy three JhilUngs^ and /even pence^ over

and (Aove the fum of four hundred pounds per annum allowed for

thatfervHe\ and as the law nowflandsy the [aid fum of fevenhun-^

dred and two pounds^ three ft>illingjj and /even pence^ cannot he

Arrcari of brought to account^ be it therefore further enaded. That the lord

*^*^o(«utbn to ^^^ treafurer, or the lords comthiffioners of the trcafury for

£c allowed, ^^e time being, (hall and may, out of the money arifing by the

coinage duty, order and allow fuch further fums of money as

the expences of the &id profecutions have in fuch laft years a-

mounted to, over and above the faid four hundred pounds a

year ; and alfo (hall and may^ at all times hereafter, order and

Future ex- ^Uq^ Qut of the money arifing by the faid coinage duty fuch

pcutci e . ^^^^ ^ money for defraying the future expences of the faid pro-

iecutions, as he or they (hall fee fit, provided the faid expences

do not, in any one year, exceed the fum of (ix hundred pounds.

CAP. XXIX.
jIn aB far granting to bis Majefiy an additional duty on fo*
reign cambricksj imported into Great Britain •, and for
allowing thereout a bounty upon certain fpecies of Britifh
and Irifh linens exported.

H £ R £ A S the manuf azures of Knens made in the iingdoms
of Great Britain ^^^ Ireland, are greatly improved and in^
ereajed^ whereby the price of linens^ as well of foreign^ as home fa-
brick hath been conftdiraMy reduced : and whereas the further eX"
tenfim of the faid manuf azures of linens will be a great advantage to
the faid kingdoms ; therefore we your Majefty's moft dutiful and
loyal fubjeAs, the commons of Great Britain in parliament af-
fembled, do give and grant to your Majefty, your heirs and
Aicceflbrs, fuch additional duty upon foreign cambricks to be im-
ported into Great Britain^ as is herein after mentioned ; and do
moft humbly befeech your Majefty, that it may be emufled ;
and be it enaded ; by the King's moft excellent majefty, by
and with the advice and confent of the lords fpiritual ana tem*
poral, and commons, in this prefent parliament aflembled, and
5d. addi- ^J ^^^ authority of the fame. That from and after the firft day
t\oa;3X dvLty on ot Augufl J one thoufand feven hundred and forty two, over and
every haU above all fubfidies, duties, impofitions, and payments already
fc^^i^^^ due and payable to his Majefty, for fuch foreign cambricks,
bricit; andn. ^^ich (hall be imported into Great Britain^ there (hall be raifcd,
lod for every colle(5ted, levied, and paid unto his Majefty, his heirs and fuc-
wholt piece. cefTors, a further duty of one (hilling and tive pence on every
half piece of fuch foreign cambrick, containing fix ells and an
half; and two (hillings and ten pence upon every whole piece
of fuch foreign cambrick, containing thirteen ells, during the
term of feven years ; and from thence to the end of the then
next felTion of parliament, and no longer ; the fame to be raifed^
colledled, levied, and recovered in fuch manner and form, and
by fuch wayS) means, and methods, and under fuch penalties
2 and

IS

'74^-1 '*Anno decimo quinto GeoRGII IL c. 29. 51

and forfeitures, as the duties now payable upon foreign cam-
bricks are to be raifed, collected, levied, and recovered.

II. And be it further enacted by the authority aforeiaid. That Reward for
out of the faid additional duty on foreign cambricks, there (hall S/^P??"'^.
be given and paid, without any fee, reward, or deduction what- frVftJ linens
ibever, a bountv of. one penny, for every yard of Britijb and isGco.i. c,
hifi linens made of hemp or flax, of the value of fix pence per 24, 25.
yard, and not exceeding the value of twelve pence //r yard ; and Conned ly
of one halfpenny for every yard of fuch Britijb and Irijb linens, "^f^* **
under the value of fix pence per yard ; which from and after

the twenty fifth day of March^ one thoufand feven hundred and
forty three \ and within the term of feven years, to commence
firom the faid twenty fifth day of Marchj or at any time there-
after, before the end of the then next feffion of parliament, (hall
be exported out of Great Britaitij to jffrica, America, or Portu-
gal, or which Ihallbe exported to Spain, from and after the time
that it (hall be lawful to export fuch linens to that kingdom.

III. Provided always. That the exporter of fuch Britijb and Manner of
Irifi linens, (hall, in his entry thereof, exprefs the quantity f-"^^/ ^
and value ; and likewife indorfe; on the cocquet ^nted upon TOrtatimis!
fuch entry, the true quantity and value of the (aid hnens intend-
ed to be (hipt ; and moreover, (hall before he receives any fuch

bounty, produce a certificate from the fearcher, or other proper
officer appointed to fee the fame (hipped, verifying the (hippmg
thereof; and (hall likewife give fufHcient fecurity to the collec-
tor or cuftomer of the port, in the penalty of double the value
of the goods intended to be exported, and one hundred pounds^
which fecurity they are hereby impowered to take in the name,
and to the ufe of his Majefty, his heirs and fuccefTors, that fuch
linen fo (hipped, or intended to be (hipped, or any part there-
of, (hail not be relanded, or brought on (hore again in any port
or part of Great Britain, Ireland, or the i(le of Man \ and (hall
al(o, before he receives any fuch bounty, make oath, or being
a ^uaier, a folemn affirmation (which oath or affirmation, the
proper officers of the cuftoms have hereby power to adminifter)
of the refpedtive values of fuch linens, upon which the faid
bounties refpedively are granted, and that the fame were made
in Great Britain or Ireland.

IV. And to prevent linens exceeding the value of twelve DlrefHon^fo
fence fer yard beinff exported for the f^e of the (aid bounty, the officers of
be it further enafted by the authority afbrefaid. That the col- thecuftonM.to
le6tor and comptroller, or other proper officers of the cuftoms SJSwtenSw.
may open, view, and examine any or all fuch linens as (hall be

entered at the value of twelve pence per yard, or imder, and
compare the fame with the value and price thereof fwom to or
affirmed in the entry and indorfement on the cocquet; and if
upon fuch view and examination, it (hall appear that fuch linen
it of greater value than twelve pence per yard, then, and in fuch.
eale, the exporter or proprietor (hall, on demand made in writ-
ing by the cuftomer, or colleiSlor and comptroller of the port
-where fuch goods or merchandizes are entered^ deliver, orcaufe

E 2 to

ja Anno d(?cimo quinto Georgii II« €.29. [^74^

to be delivered, all fuch goods and merchandizes into his Ma*
jefty's warehoufe at the port of exportation, for the ufe and be- '
nefit of the crown ; ^nd upon fuch delivery, the cuftomer or
colledor of fuch port, with the privity of the comptroller, (hall,
out of any money in the hands of fuch cuftomer or colle£tor
arifingby cuftoms, or other duties belonging to the crown, pay
to fuch exporter or proprietor, the value of thirteen pence ptr
yard, taking a receipt tor the fame, from fuch exporter or pro-
prietor, in full fatisfadion for the faid goods, as if they had
been regularly fold ; and the refpedtive commiffioners of the
cuftoms (hall caufe the faid goods to be fairly and publickly fold
for the beft advantage ; and out of the produce thereof, .the mo-
ney fo paid or advanced as aforefaid, (hall be repaid to fuch
cuftomer or collector, with the privity of the comptroller, to be
replaced to fuch funds, from whence the fame was borrowed ;
and the overplus, if any, (hall be paid into his Majefty's
exchequer towards the finking fund, by the title of The am*
tional duty on cambricks granted by this a6t.

V. And in order to prevent abufes by exporting linens whidi
fliall be under the value of fix pence per yard, when the mer-
chant (hall in his entry and endorfement on his cocquet expreis,
that the value thereof is fix pence /^r yard, or upwards, in or-
der firaudulently to obtain a bounty ot one penny, infiead of a
halfjpenny //r*yard ; be it further enaAed by the authority afore-
faid. That it mall and may be lawful to and for any fearcher or
Farther dircc- ^^hcr proper officer, after the entry of any of the faid goods*
tions to the and before or after the (hipping thereof, to open and (hri6Uy ex*
officers. amine any bale, trufs, cheft, or other package, to fee it the

goods are right entered, and endorfed on the cocquet ; and if
on fuch examination, the fame (hall be found to be right enter-
ed and endorfed, the fearcher (hall, at his own charge, caufc
the fame to be repacked, which charge (hall be allowed to the
faid officer by the commiffioners of the cuftoms, if they think
Goods forfeit- it reafonable ; but in cafe the officer (hall on examination, find
^forfraudu- f^ch goods to be lefs in quantity than (hall be exprefied in the
lent entry, endorfement in the merchants entry or cocquet, or under the
value of .fix pence per yard, or that the goods (hall be entered
and endorfed under a wrong denomination, whereby his Maje-
fty would haye been defrauded, all the goods contained in all
and every the package or packages endorfed on the (aid entry or
cocquet may be feized, and the fame (hall be forfeited and loft,
and the owner or merchant (hall lofe the benefit of receiving the
bounty for fuch goods.
Goods forfeit, yi. And it is hereby further enafted by the authority afore*

iid. per yard, fh^i have been given or claimed, (hall be relanded xn Great
Britairty Ireland^ or the iile of Man j the fame (hall be forfeited^
and every perfon concerned in bringing back or relanding the
fame, (hall forfeit twelve pence for every yard fo brought back
or relanded.

6 VII. Pnh-

I

174^.] Anno decimo quinto Georgii II. c.29; 55

VII. Provided always. That nothing in this aft contained Provifo.
(hall extend, or be conftrued to extend, to give any bounty on

any linens that are ftriped or chequered, or made into buck-
nims or tilletings.

VIII. Provided alfo, and be it further enafted by the autho- Bounty for ex-
rity aforefaid. That no linen of the manufafture of Ireland to be porting Irifti '
exported from Great Britain^ fliall be intitled to any bounty, linen not to be
but fuch as (hall be, at the time of fuch exportation, the pro- paid, except
pcrty of a perfon ufually refiding in Great Britain, of wh;ch the ufSairJ^fidei
exporter or exporters of fuch Irifi linen are hereby required to in Great Bri«
Dfiake oath (or being of the people called ^aiersy a folemn af- taiu.
firmation) before the proper officer or officers of the cuftoms

[who are hereby impowered to adminider the fame) of the port
Tom whence fuch Irijh linen (hall be exported.

IX. jfnd whereas in many ports of the kingdom o/GrtSLt Britain,
from which Britifh or Irifh linens may he exportedy there may not be
6 much money colleffed and received by the additional duty hereby
fronted J as may be fufficient to pay the bounty to be allowed by this
iSlj whereby the exporters of fuch ports cannot have the benefit of the
Qiid bounty j for remedy thereof, be it cnacfted by the authority
iforefaid. That if any of the coUedtors of the cuftoms in any of Colleaor not
the out-ports in South Britain^ or of any port in North Britain^ having fuffici.
(hall not have fufficient money in his hands, arifing by the faid *?' ^^^Jr^ ***
idditlonal duty, to fatisfy and pay fuch bounty which (hall be give a ccr^^^^
luc to any exporter or exporters of Britijb or Irijb linens as ficate.
iforefaid ; that then fuch colleftor of any of the faid out-ports

in South Britain^ (hall (if required) give to the perfon intitled to
fuch bounty, a certi(icate, without fee or reward, under his
liand, attefted by the comptroller, of what is due to fuch per- .

Ton for fuch Britijh or IriJb linen fo exported from any fuch port
in South Britain^ certifying to the commiffioners of his Majefty's
cuftoms at London^ that he hath not money in his hands arifing
from the duties granted by this aft, fufficient to pay the fame j The fame ta
md fuch colleftor of any port in North Britain (hall like wife (if be done in /
required) give to the perfon demanding fuch fum or fums of North Britaiq.
money, lawfully authorized, without fee or reward, a certifi-
:ite, under his hand, to the commiffioners of his Majefty's
iruftoms at Edinburgh^ of what is due to fuch perfon for the
Dounty of the Britijh linens exported from any fuch port in
North Britain^ and upon producing fuch certificate, and the de-
senture of the linens exported, to the commiffioners there, they
ire hereby required, in cafe there be any money in the hands
)f the receiver-general, or caftiier of the cuftoms there, arifing
3y the duties granted by th<s aft, to pay, or caufe to be paid^
o the perfon producing fiich certificate and debenture, being au-
iiorized as aforefaid, the fum or fums of money fo certified ;
md if they have not fufficient to pay fuch fum or fums of mo-
jey, they (hall forthwith, without fee or reward, give fuch ex-
porter a certificate, certifying the fame to the commiffioners of
liis Majefty's cuftoms at iMdon \ which refpeftive certificates
King affixed to the debentures for the bounty of the fiud linens

E3 fQ

^ AnnodecimoquintoGcoRGli II. t.z^. ti742-

(o exported, and being produced to the faid coromiffioners of
his Majefty's cuftoms at London^ they the faid commiiTioners are
here))y authorized and required, on demand by the perfon au-
thorized as aforefaid, that (hall bring the fame, to caufe the
monies thereby due to be paid by the receiver-general, or caOiier
of the cuftoms, without fee or reward, out of fuch monies as
(hall be in his hands, arifing out of the duties hereby granted
for the payment of the (aid bounty ; and in cafe fuch receiver or
ca(hier (hall not have money in his hands fufScient for pgyiog
the whole of fuch fum or iixms of money fo certified as aiorei-
(aid, he is hereby authorized and required to pay the fame, fo
far as the money in his bands will then go, and the remainder
from time to time, as the money arifing by the duties granted by
virtue of this adt fiiall be by bim received ; and he is alfo here*
by required to obferve a due courfe of paying fuch debentures
in the order of time which they (hall be produced or prefented
to the commiflioners of the cuftoms, who (hall caufe fuch de-
bentures to be numbered progrefTively, as they (hall be prelent-
ed to them, or to the officer or officers appointed by them to re-
ceive the fame.

X. And be it further enaded by the authority aforefaid. That
all and every officer and officers, who (hall be concerned in col-
leclins, levying, and accounting for the duties arifing by this
a6t, (hall keep a feparate and dimnft account thereof i and all
and every fuch fum or fums of money, as (hall not be paid by
Money recelv. the refpedive colledors who receive the fame, to fuch perfon or
pd by the du. perfons as (hall, upon the exportation of Britijb or Iri/b linen
tics, ihallbc \^ intitled thereto, purfuant to the diredlions of this aft, (hall
botmdy*-*^ forthwith be remitted and paid to the receiver-eeneral and ca(hier
' of his Majefty's cuftoms, in whofe hands all luch fums (hall re^
main, and be applied only to the payment of the bounty grant-
ed by this aA, unlefs it (hall appear, that more money doth arife
by the duties hereby granted, than (hall be fufficient to anfwer
•^ *^f>w- and difcharee the bounties payable by this aft ; in which cafe
Sod tothc *® ^^^^ *^'8" treafurer, or lords commiffioners of his Majefiy's
finking fund, treafury for the time being, may and (hall direft the fame from
time to time to be paid into his Majefty's exchequer, towards
the finking fund, by the title of Duty on cambricks by this aft.
Charges of XI. Provided always, and it is hereby further enafted by the

putting this authority aforef^. That it (hall and may be lawful for the lord
tion'^to^bc" ^'S^ trejfurer, or lords commiffioners of the treafury for the
paid out of the t™c being, Qf the commiffioners of the cuftoms for the time
duties. being, to pay or c^ufe to be paid out of the duties arifing by this

aft, ail fuch additional charges or expences as may attend'the
putting the fame in execution.
Bonds prde- ' XII. Provided always, and be it further enafted. That all
benturcs on bon4§ taken, or to be taken j and all debentures made, or to
fubica to "^^ be made purfuant to this aft, (hall not be chargeable with any
ftamp duties. Q^ ^^^ duties upon (lampt vellum, parchment, or paper ; any
law or ftatute made or to be made to the contrary notwith-
ibnding,

XULAnd

t on eX'
portation.

1742.] Anno dedmo quinto GeoRGII II. c. 29. .^^

XIII. And be it further ena«ftcd by the authority aforefaid, Drawback of
That the faid additional duty granted by this aft on all foreign ^^* additional
cambricks to be imported into Great Britain^ after the faid firft p^J^a^
day o^ Augu/i^ one thoufand feven hundred and forty two, (hall
upon exportation thereof, be drawn back and repaid in the fame

manner, and under fuch regulations, conditions, and reftric-
tions, as the prefent duties on foreign cambricks are repaid and
drawn back. IVovided, that upon the entry of any fuch foreign
cambricks for exportation, the importer thereof do make oath
(or being a ^aiir) a folemn affirmation, before the proper of-
ficer or officers of the cuftoms (who has or have hereby power
to adminilter the fame) that fuch cambricks were imported in-
to Great Britmn^ after the faid firft 4ay of Jugufl^ one thoufand
feven hundred and forty two ; and that the faid additional duty
had been paid for the fame, and had not been fince drawn back;
any thing herein contained to the contrary notwithftanding.

XIV. And be it further enafted by the authority aforefaid, Taking a falfe
That if any perfon fhall fidfely make any oath or affirmation by 2*.*^> *®,*'^'"\
this aa direiSed to be made ; and (hall thereof be legally con- SlSmmifo^^^^^
▼i6led in any of his Majefty's courts of record in Great Britain^ ,» months.
fuch perfon fo guilty, mil forfeit the fum of two hundred

pounds, and be imprifoned for twelve months.

XV. And be it forther enabled by the authority aforefaid. How to re-
That the fcveral penalties and forfeitures in this acft mentioned, cover the pe-
fliall and may be profecuted, and determined by bill, plaint, or "^**^'
information, in any of his Majefty's courts of record at tVeJl-

tninfterj or in the court of exchequer in Scotland refpeftively,
wherein no efibin, protedlion, privilege, wager of law, or more
than one imparlance (hall be allowed ; and one moiety of the
Taid penahies and forfeitures (hall be to the ufe of the King's
majefty, and the other moiety to fuch perfon or perfons as will
file for, or profecute the fame.

XVL And be it further enaded by the authority aforefaid.
That if any aAion or fuit (hall be commenced againft any per- .
fon or perfons for any thing done in purfuance of this adt ; the
defendant or defendants in any fuch action or fuit, may plead
the general iifue, and give this a<5t, and the fpecial matter inevi- General iiTue*
dence, at any trial to be had thereupon, and that the fame was
done in purfuance, and by the authority of this a6l; and if it
iball appear fo to have been done, the jury (hall find for the de-
fendant or defendants; and if the plaintiff (hall be nonfuited,
or difcondnue his action, after the defendant or defendants (hall
have appeared, or if judgment (hall be given upon any verdict
or demurrer againft the plaintiff, the defendant or defendants
(hall and may recover treble cofts, and have the like remedy for treble cofb,
the fame, as any defendant or defendants hav^ in other cafes by
I4W,

E4 CAP-

^ Anno decltno quinto GcoRGli 11. t.i^. ti742*

(o exported, and being produced to the faid coromiffioners of
his Majefty's cuftoms at London^ they the faidcommiiTionersare
here))y authorized and required, on demand by the perfon au-
thorized as aforefaid, that (hall bring the fame, to caufe the
monies thereby due to bepaid by the receiver-general, or ca(hier
of the cuftoms, without fee or reward, out of fuch monies ti
ihall be in his hands, arifing out of the duties hcureby granted
for the payment of the (aid bounty ; and in cafe fuch receiver or
ca(hier (hall not have money in his hands fufficient for pvfxng
the whole of fuch fum or iixms of money fo certified as aiorer
(aid, he is hereby authorized and required to pay the fame, io
far as the money in his bands will then go, and the remainder
firom time to time, as the money arifing bv the duties granted by
virtue of this adt (hall be by bim received ; and he is aifo here*
by required to obferve a due courfe of paying fuch debentures
in the order of time which they (hall be produced or prefento)
to the commifTioners of the cuftoms, who (hall caufe fuch de-
bentures to be numbered progrefTively, as they (hall be preleat-
ed to them, or to the officer or officers appointed by them to re-
ceive the fame.

X. And be it further enaded by the authority aforefaid. Thai
all and every officer and officers, who (hall be concerned in cd-
leclinf, levying, and accounting for the duties arifing by this
a6t, mall keep a feparate and diftinft account thereof; and aU
and every fuch fum or fums of money, as (hall not be paid by
Money receiv- the refpedive colledors who receive the fame, to fuch perfon or
pd by the du. perfons as (hall, upon the exportation of Britijb or Ir\/b linen
tics, ihallbc \^^ intitled thereto, purfuant to the diredlions of this adl, (hall
boundy*-*^ forthwith be remitted and paid to the receiver-ecneral and ct(hier
' of his Majefty's cuftoms, in whofe hands all uich fums (hall re-
main, and be applied only to the payment of the bounty grant-
ed by this aA, unlefs it (hall appear, that more money doth arife
by the duties hereby granted, than (hall be fufficient to anfwer
"^ ^wTT^' ^^^ difcharrc the bounties payable by this aft \ in which cafe
5l!?tSthe *^ ^^^^ ^'S^ treafurer, or lords commiffioners of his Majefty's
finking fund, treafury for the time being, may and (hall direft the fame firom
^^ time to time to be paid into his Majefty's exchequer, towards

the finking fund, by the title of Duty on cambricks by this aft.
Charges of XI. Provided always, and it is hereby further enafted by the

putting this authority aforefgid, That it fliall and may be lawful for the lord
tion'^to^bc"" ^^^ trejfurer, or lords commiffioners of the treafury for the
paid out of the ^inic being, Qf the commiffioners of the cuftoms for the time
duties. being, to pay or c^ufe to be paid out of the duties arifing by this

aft, all fuch additional charges or expences as may attend*the
putting the fame in execution.
Bonds prde- XIL Provided always, and be it further enafted. That all
bcntures on bon4l? taken, or to be taken ; and all debentures made, or to
fubjca to ^^ be made purfuant to this aft, ftiall not be chargeable with any
ftamp duties. Q^ ^^^ duties upon (la mpt vellum, parchment, or paper; any
law or ftatute made or to be made to the contrary notwith-
(Unding,

XULAnd

1742.] Anno dedmo quinto GeoRGII II. c. 29. ,g^

XIII. And be it further enaftcd by the authority aforefaid. Drawback of
That the faid additional duty granted by this aft on all foreign ^^^ additional
cambricks to be imported into Great Britain^ after the faid firft p^nation!'''
day o^ Augtifly one thoufand feven hundred and forty two, (hail

upon exportation thereof, be drawn back and repaid in the fame
manner, and under fuch regulations, conditions, and redric-
tions, as the prefent duties on foreign cambricks are repaid and
drawn back. Provided, that upon the entry of any fuch foreign
cambricks for exportation, the importer thereof do make oath
(or being a ^aiir) a (blemn affirmation, before the proper of-
ficer or officers of the cuftoms fwho has or have hereby power
to admmiller the fame) that fuch cambricks were imported in-
to Gnat Britmftj after the faid firft 4ay of Auguft^ one thoufand
feven hundred and forty two ; and that the faid additional duty
had been paid for the fame, and had not been fince drawn back;
any thing herein contained to the contrary notwithftanding.

XIV. And be it further enafted by the authority aforefaid. Taking a falfe
That if any perfon fhall falfely make any oath or affirmation by 2*.*^> *®/°**\
this aa direiSed to be made ; and ftiall thereof be legally con- Sl^mmifo*^^^^
▼ided in any of his Majefty's courts of record in Great Dritain^ ,» months,
fuch perfon fo guilty, (hall forfeit the fum of two hundred

pounds, and be imprifoned for twelve months.

XV. And be it forther enabled by the authority aforefaid. How to re-
That the feveral penalties and forfeitures in this acft mentioned, cover the pe-
(hall and may be profecuted, and determined by bill, plaint, or "^**^'
information, in any of his Majefty's courts of record at IVfJi-

mnfter^ or in the court of exchequer in Scotland refpeftively,
wherein no efibin, protedlion, privilege, wager of law, or more
than one imparlance (hall be allowed ; and one moiety of the
"fiiid penalties and forfeitures (hall be to the ufe of the King's
snajefty, and the other moiety to fuch perfon or perfons as will
iiie for, or profecute the fame.

XVL And be it further enaded by the authority aforefaid.
That if any aAion or fuit (hall be commenced againft any per-.
fon or perfons for any thing done in purfuance of this adt ; the
defendant or defendants in any fuch action or fuit, may plead
the general iflTue, and give this aft, and the fpccia! matter inevi- General iiTuc*
dence, at any trial to be had thereupon, and that the fame was
done in purfuance, and by the authority of this a6l; and if it
(hall appear fo to have been done, the jury (hall find for the de-
faidant or defendants ^ and if the plaintiff (hall be nonfuited,
or difcondnue his action, after the defendant or defendants (hall
have appeared, or if judgment (hall be given upon any verdict
or demurrer againft ' the plaintiff, the defendant or defendants
(hall and may recover treble cofts, and have the like remedy for treble cofb.
the fame, as any defendant or defendants have in other cafes by
I4W.

E4 CAP-

do Anno dccimo qumto GeoRGII II. C. 3 !• ['74^.

force and effeA as if the fame were an original regifter and cer-
tificate, and no other ; and a duplicate thereof mall be tranf-
mitted by the officers who (hall grant the fame to the commif-
iioners of his Majefty's cuftoms.

IV. And whereas ly the before recited a6i of parliament made in
thefeventh and eighth years of the reign of King William the Thirdy
for preventing frauds^ and regulating abufes in the plantation trade ^
it is enabled amomg other things^ That in all bonds {commonly (ailed
Plantation 3onds) that are given in the plantations, in purfuance of
i»Car.«.c.xS. ^^ ^^ of parliament made in the twelfth year of the reign of King
Charles the Second^ for encouraging and encreafing of fhipping and
i2Car.2.c.26, ^^i^^ion, and another aSf made in the twenty fecond year of his
' faid Majefifs reign, to "prevent planting tobacco in England, and
regulating the plantation trade, the governors of the plantations, be-
fore they permit any /hip, that by law is to trade there, to load on
board any of the commodities enumerated in thefaid a5l hjl mention-
ed, are to take bond in the manner, and to the value expreffed and
directed by thefaid aSf, that fuch Jhips or veffelsjhall carry all thea-
forefaid enumerated goods thqtjhallbe laden on board the faidjbip, to
fome other of his Majefifs Britifh plantations, or to Great Britain ;
and that the condition of the fiud bonds Jball be within eighteen
months after the date thereof {the danger ofthefeas excepted) to pro^
duce certificates of having landed and dijcharged the goods therein
mentioned, in one of his Majefly's faid Britilh plantations, or in
Great Britain, otherwife fuch bonds to be in full force : but theft
being no provijion made in arty of the faid aSfs, or any other law, for
returning and producing certificates within any limited time of the
landing and difcharging fuch goods for fuch Jhips as give bond in Great
Britain, in purfuance of the dire^ions of the faid a£ls made in the
twelfth and twenty fecond years of King Charles the Second ; be it
Thecondi- therefore enacted by the authority aforefaid, That from and
tion of planta- after the twenty ninth dav of September, one thoufand feven
tion bonds, hundred and forty two, that in all bonds, commonly called
Plantation Bonds, which (hall be hereafter taken or entered into
in Great Britain, in purfuance of the faid a<ft, or any other law
fince made, whereby the goods therein enumerated are to be
brought to Great Britain, fuch bonds (hall be with condition,
that within eighteen months from the date thereof (the danger
of the feas excepted) a certificate (hall be produced from the
colleftorand comptrollcf of the port where fuch goods (hall be
delivered, that they have been there landed and <]^charged, other-
wife fuch bonds (hall be forfeited, and the penalty thereof (hall and
may be fucd for in any of his Majefty's court of exchequer in Eng--
land, Scotland or Ireland refpeAively; provided tha^ this a A (hall
not extend or be conftrued to extend to bonds eiven for (hips which
lade rice at Carolina or Georgia, by virtue of a licence granted by
the commiffioners of the cuftoms, to be carried to fome part of
sGeo.i. c.i8^ Europe, to the'fouthward of Cape Finifterre, purfuant to an aft
pafled in the third year of his prefent Majefty's reign, or for
Clips lading fugars in any of his Majefty's fugar colonies in Ami-
ricay by virtue of a licence granted by the commiffioners of his

Majcfty'^

1742.] Anno decimo quinto Georgii II. c. 31* 61

Majeft/s cuftoms, to be caitied diredly to any foreign part of ••

Europe^ except Ireland^ purfuant to an ad pafTed in the twelfth iiGeo.i.c.jo*

year of the reign of his prefent Majefty.

V. And whereas by an a^ made in the thirteenth year of his Ma- 13 Geo. »• c.4.
jejlfs riign^for the more effeRual jecuring and encouraging thetrade
of bis Majeftfs Britifh fubje^s to America, and for the encourage-
ment offeamen to enter into his MaMfs fervice^ it is declared and
enaded by the authority aforefaid^ That nothing therein contained
Jball extend or be conftrueato extend to exempt anyjhips^ goods y wares
or merchandizesy which Jhall be taken as prize ^ and brought or im^'
ported inio this isngdom, or any of his Majefifs plantations in Ame-
rica, from the payment of any cuftoms or duties ^ or from being fiib^
jeR to fuch refiriSlions and regulations^ to which the fame now are
9r fbau hereafter be liable^ by virtue of the laws and Jlatutes of
this realm : and whereas during the prelent war with Spain, feve^
rat goods and commodities of the growth and produ^ion of foreign
plantations J not belonging to his Majefty ^ and other goods and commo^
ditiesj being the produ^ of other countries^ have been already ^ attd
may be taken in America, which may by the laws now in force be
fubieSI to forfeiture^ or liable to the payment of high duties to Us
Majefty y as not coming directly from the places of their growth ^ or
from the ports or places ^ where the f aid goods can only or ufuaUy have
been firft Jbipped for tran/portation^ which will not only be a difcou^
ragement to the captors and importers thereof y but put them under a
necejftty to fend fuch goods for the future itre6lly to foreign markets^
wbtch^ will be a lofs to hisMajefl/s revenue j and tend to the prejudice
of the trade ofthts kingdom : for remedy whereof be it cnadted by
the authority aforefaid. That all goods and commodities of the Regulation of
ffrowth or produd of foreign plantations, not belonging to his th^aty for
Majefty, or any of his fubjedts, whjch have been already taken, prize goods.
or (hall be taken in America during this prefent war, and have
been or (hall be condemned as prize as aforefaid, and (hall be
imfK>rted into this kingdom, in any of his Majefty's (hips of
waf, or in Britifl!f (hipping, duly navigated, and for which the
duties due to his Majefty have not been paid, or fecured to be
paid, upon producing fuch affidavits and certificates thereof as
ire herein after mentioned, (hall pay fuch cuftoms and duties
only as the fame would have paid, it the faid goods had been
of the g;rowth and produdt of the plantations, iflands or colonies,
fubjeA to the crown of Great Britain ; and that all other goods,
wares and merchandizes whatfoever, which have been or (hall
be taken and condemned as prize in America as aforefaid, and
which (hall be imported into this kingdom from any of the faid
plantations, iflands or colonies, upon producing a certificate un-
der the hand and feal of the collector or chief officer at the port
or place where fuch goods were put on board in America^ that
they are the fame goods which were condemned in the high court
of admiralty, within fuch plantation, ifland or colony, (the
truth of which (hall appear to the faid collector or chiet ofncer
diere, by affidavit made by the perfon or perfons exporting fuch
prize goods) and alfoupon an affidavit made before the colIe(5lor

or

$2 * Anno dfidmo quinto Gborgii II. c. 31. [1742.

or chief officer of the cuftoms of fuch port in this kingdotn,
vrhere the faid goods (hall be imported, by the mafter, purfcr,
or other perfon who commands the (hip in which the fan^e (hall
be imported, that the goods fo imported are the &me goods for
which the faid certificate of the colle£t(»r or chief officer in Ami'-
riea was made as aforefaid, (hall be fubjed and liable to, and
(hall pay fuch duties only as in Great Britain as (uch goods would
be liable unto in cafe they had been imported direSiy from the
ports or places, of which the faid goods are of the growth, pro-
duction or manufacture, oir from thofe ports or places where
the faid goods can only or iifually have becQ firft (hipped for
tranfportation; any law, cuftom, or ufage to the contrary not-
withftanding.

VI. And whenas by the faid aH of parliament paffed in the tbir^^
teenth year of his Majijly*$ reign, it is enaited. That for the mere
fieeiy proceeding to condemnatiM or other determination of any finf
or ether veffeU goods or merchandizes, taken prize, and for leffening
the expences that have been ufucl in the like cafes, the judge or judges
tf the court of admiralty, or other perfon or perfons thereto enitbo^
rized, Jiall proceed in the manner direffed by the faid a^; and if the
tafe fiaU appear doubtful, and itJhaU be neceffaryfor the clearing and
determining fuch doud to have an examination of witneffes that are
remote, t/^t then the laid judge or jtidgesJhaU forthwith caufe fmh
tapture to be appraifed by perfons named on the part of the cap-^
tors, andfwom trufy to appraije the fame according to thebeft of their
fiill and knowledge, for which purpofe the faid judge or judges fbaSi
caufe the'goods found on board to be unladen, ana put in proper tuart^
boufes, withfeparate locks of the colleger and comptrolur of the est*
floms, and where there is no comptroller, of the naval officer^ and
the agents or perfons employed by the captors andclaimants, at the charge
• of the party or parties defiring thejame ; and Jhall, flfter fuch op-*
fraifement made, and within the fpace of fourteen dtas after the
making fuch claim, proceed to tt^ke good and fufficiait Jecurity from
the claimant to pay the captors the full value thereof, according to
fiich appraifement, in cafe the fame Jhall he adjudged lawful prize i
and after fuch fecurity duly given, the faid judge or judges Jhall make
an interloquitory order for relcajing or delivering the fame to fuch
claimant or claimants, or his or their agents, and the fame Jhall be
alfually releafed or delivered accordingly : and whereas there is no
fufficient provifton made by the faid a^forfecuring the duties onfsub
goods as Jhall befo delivered by fuch interloquitory order, norforpro^
venting the confumption in his MajeJlfs colonies and plantations in
America ofjiich European goods taken as prize, as Jhall befo deliver-'
ed, which may be of the utmofi conjequence to the trade oj this king*
. domi be it enacted by the* authority aforefaid. That no ^oodt

Dircciionsfor ^j^^^ as prize (hall be delivered by fuch interloquitory order as
5uty"on prize aforefaid, until the duties payable for the fame fhall be firft paid
goods in the or (ecured to be paid, in fuch manner as the duty on goods of
plantations, the like kind ought to be paid or fecured refpectively ; and that
no prize goods of the growth, produdion, or manufacture of
Europe^ which (hall be brought into any of his M^efty^s colo-
nics

174^-1 Anno dcGimo qomto GfoRGii IL c.ju 6$

nie$ or pbmtations in Amtruay (hatl be delivered by Aich inter^
loquitoiy order as afbrefaid, until fufficient fecurity (hall be firft
given to the oolledor or comptroller of his Majeily's cuftoms
2iere, or where there is none fuch, to the naval ofBcer there^ to
the ufe of his Majefty, that all fuch goods fhall within three
months after be re-exported out of the faid colony or planta-
tion ; and that no part thereof (ball be confumed there.

VII. And wbinas by an a£i 9f parliament paffid in the eighth sAnrxj c. 7.
fior of the reign of her late majtfiy ^een Anne, far granting /«

her Majefly new duties on excife^ and upon fever al imported commod-
ities^ it is enaffed. That every per f on upon entry of any claim in the
cmirt where prohibited and uncuftomed goods are profecutedj Jball be
0hliged to give fecurity, in the penalty of thirty pounds, to anfwer
and pay the cojis occaftcned by fuch claim*, and in default of giving
fuch fecurity within the time limited by the courfe of the court, for
entering claims, fuch goods /hall be recovered. Andforafmuch as no
provifion is made by the faid recited aif, with refpe£} to feizu^es of
(Ups, veffels, and boats, by reafon whereof groundUfs and vexatious
claims are frequently entered thereto, and the officers of the ctiftoms
put to great charges m the condemning thereof, be it enafied by the
authority aforcfaid. That from and after the twenty fourth day
of Jitne, one thoufand feven hundred and fbrtv two, where any
(hip, veflel, or boat whatfoever 4ball be feized by virtue of any
law now in force, made for the more effedual preventing the
exportation of wool, and where any (hip, veflel, or boat of the
burthen of one hundred tons, or under, (hall be (ifSzed for the
unlawful importation of tea, brandy, arrack, rum, (hx)ng waters,
or fpirits, or for being ufed in the relanding any goods whereon
there is a drawback or bounty, or in the removing, carriage, or
conveyance of prohibited or uncuftomed goods after the unship-
ping thereof, or for any other caufe of forfeiture, every perfon
upon entry of any claim in the court where any fuch (hip, veflel, Qaimants of
or boat (hall be profecuted, (hall be obliged to give fecurity in veffels feized,
the penalty of thiny pounds, to anfwer and pay the cofts occa* ^o g'»vc fecuri-
6oned by luch claim, and in default of giving fuch (ecurity with- ^^}^ ^^
in the time limited by the courfe of that court for entring claims, ^^ '*
fiich (hip, ve(rel, or boat (hall be recovered.

VIII. And whereas by an a^ paffed in the eleventh and twelfth ^^^ c, c io»
years of King V^'x^xzxa the Third, it is, among other things, enatled.

That all wrought filks, bengals, and fluff's, mixed withfilk or herba
ef the manufalfureofVtvfiVL, China, or Eaft India, and all caliicoes
painted, dyed, printed, orfiained there, which are or /hall be import-^
id into this kingdom, fhall not be, worn or otherwife ufed within
this kingdom but under fuch limitations as are therein mentioned
and expreffed', and that all fuch goods which /hall be imported into
this kingdom, /hall, after entry thereof, be forthwith carried and put
into fuch warehoufe or warehoufes as /hall /or that purpofe be approv-
tdofby the commifftoners of his Majefifs cufloms for toe time being,
fo as none of them /hall be taken or carried out thence upon any account
whatfoever, other than in order for exportation, and not until fuffi^
eient fecurity befir/l given to the King^s maje/ly., his heirs andfuccef
fors (which the faid commif/ioners are thereby required and i?npowcred

^4 Anno decimo quinto Georgii IL c. ^t. [174^;

to take) that the fame and every part thereof /ball be exported^ and
not landed again in any part of this kingdom \ and that the ware*
boufe keeper or warehoufe keepers Jhall keep one or more book or books^
wherein he or they flml fairly enter or write an exaff^ particular j
and true account of all and every chejiy bale^ and number of pieces
therein contained^ of fuch of the aforefaid goods only which /ball be
brought into^ and carried out of his or their faid warehoufe or ware*
boufes^ and the days and times when the fame Jhall be brought in and
carried out 5 and if upon examination it (hall appear that any of the
aforefaid goods were carried outj unlefs for exportation^ or before
jufficient jecurity given for their exportation^ as aforefaid^ that then
the warehoufe keeper or warehoufe keepers fo offending therein^ Jhall.
not only forfeit and lofe the value of the faid goods fo carried outy as
aforefaid^ and be for ever difabled from any public k employment for.
the future y but Jhall alfo forfeit the fum of five hundred pounds for
every fuch offence: and whereas the goods before mentioned^ upon open'
.ing thereof are frequently found to be fpotted or fiained with Jidi
watery or otherwife damaged in the voyage^ and unlefs permitted t$
be taken out of the warehoufe or warehoufe s to be refrejbed and clean*
edy they may totally perijby and the faid goods infeveral other refpe&s^
in the condition they come oveVy are entirely unfit for many markets^
to which they are noU) fent^ and thereby give other nations^ tbefok
vent of thofe goods, and renderkthe value of them here much lejsy
which in both cafes would be of very great lofs to this kingdom ; be it
Foreign goods therefore enadled by the authority aforefaid. That from and after
may be taken the twenty fourth day of June^ one thoufand feven hundred and
out ^ the fQf^ i^Q^ if jijjy wrought filks, bengals, and ftuflFs mixed with
rndTr^eflbed. ^"^ ^ herba, of the manufadlure of Perjiay Chinay or Ea/i In^
' dioy or any callicoes painted, dyed, printed, or fiained there,
which (hall be imported into this Idngdom, and fecured in a
warehoufe or warehoufes as aforefaid, 0iall, upon examination
by the proper officers, appear to be fpotted or ftained with fak
water, or otherwife damaged in the voyage, or to be unfit for
foreign marliets, unlefs cleaned and refreflied, dyed, glazed, or
calendered, then it (hall and may be lawful, upon bond being
firft given to his Majedy, his heirs and fucceflbrs, which the
faid commiflTioners are hereby impgwered to take, with two or
more fufficient fureties, in the penalty of double the value of
the goods, with condition that all and every part of the goods
delivered out, (hall be again returned into the fame warehoufes'
within a certain time to be limited in the faid bond, which time
(hall be fuch as the faid commiflTioners (hall judge reafonable,
then, and in fuch cafe, it (hall and may be lawful to and for
the warehoufe keeper or warehoufe keepers, of the faid ware*
boufes, by leave of the faid commifTioners, to fuffer any of the
faid goods in the condition aforefaid, to be taken out of the fakl
warehoufes, or any of them, under the care, and in the cuflo-
idy of fuch officer or officers, as the faid commiffioners (hall di-
reA and appoint, to be cleaned, dyed, prefled, glazed, calen-
dered, or refrefhed, in order to make them the more merchant*
abl^ and fit for foreign markets; piovided, and it is heret^

cnaAed

1 742 . j Anno decimo qiiinto GeoRGII IF. • c.' ^ t • - 65'

ena<Sted, that the officer or officers wl}o Oiall be appointed to

have the charge and cuilody of the (AA, goods, while they are

out of the warehoufe or warehoufes for the purpofes aforefaid^

be paid for his or their attendance and trouble therein, by the

3erron or perfons at whofe requeft the goods (hajl Jbe deliverpd

>ut ; and in cafe of any difpute, as to the allowancie to be made

uch officer or officers for his or their attendance and trouble '

:herein, the fame (hall be adjudged tod det^mined by the faid

x>inmi(I]oners.

IX. Jnd tuhenas by the faid off of tie eleventh and twelfth of
IVilliam the Third it is provided. That the warehoufe keeper or ware^
Soufe keepers Jhall keep an account .^ in -the mdnmr therein diredled^ of
ill the faid goods brought in and carried' out of the faid warehoufes^
wd tranfmit to the faid commfftoners an exaSi account thereof updn
tath^ every fix months^ togetoer with an exaSf account bow much
Ml be remaining in his or their faid warehoufe or warehouses refpec*
lively ; which accounts the faid commiffioners are by the faid a^ im»
lowered and enjoined, within one month afier the fame /fall be tranf-
mittedio them, to caufe to be examined in the manner therein dire^ed^
W to lay a true account of the fame before the parliament, within
the fir/f week of every fefRons thereof \ be it therefore ena(£ted by

the authority afore&id. That in all the accounts to be kept, pre- Account to
^arcd, tranfmitted, or delivered as aforefaid, a true and cxa<ft parliament of
account (hall be therein inferted and expre(red, of all fuch of the goodrukcn
raid goods as (hall have been delivered put to be cleaned, dyed, out of the
pre(red, elazed, calendered, or refre(hed, by virtue or in pur- warchoufcsto
fuance of the diredions of this a<5l, and which (hall be returned be rcfrcfhcd
again into fuch warehoufes, mentioning the days and times *" returned.
when the fame (hall have been fo delivered out or brought back,
together with an exa6t account how much (hall be remaining in
the care and cuftody of the officer or officers appointed to have
the charge and cuftody thereof, while they are out of the ware-
houfe or warehoufes, for the purpofes aforefaid.

X. And it is hereby further enaded, That if the officer or p^naj^yo^
officers who (hall be intrufted with the care and cuftody of any officers of-
of the faid goods delivered out of any of the faid warehoufes lending a-
for the purpofes aforefaid, (hall not return all fuch goods into 8*'"^ "^'^ aft.
the warehoufe or warehoufes from whence they were taken,
agreeable to the intention of this aft, the officer or officers of-

Fcndinjr therein, (liall not only forfeit and lofe the value of the
faid goods fo carried out as atorefaid, and be for ever difabled
from any publick employment for the future, but (hall alfo for-
ficit the fum of five hundred pounds for every fuch offence, and
ill penalties and forfeitures herein before- mentioned, fhall and
may be recovered and divided in like manner as i.s provided by
the faid adl of the eleventh and twelfth of f William the Third,
For recovery of the penalties and forfeitures anting thereon.

V0L..XVHI. F CAP.

tS Aoaa deq^no quii^o Gborgii II. c, ja. . [1749.

CAR XXXII.

yfH aS for preventing the fnifcbief f»bich maj happen fy keep-
ing dangerous quantities of gunpowder in or near the ciHes
of London and Wcftminfter.

5Geo.i.c.t«. TI7HEREAS by oQ paffed in the eleventh year of the reignof
St Getf.i.c.13. VV /i/i ktemajejly King George tbi Firfi^ intituled^ An adt for
the making more effedtual aii z& pafTed in the fifth year of hii
Majefty's reign, intituled, ^An adt for preventing the mifclntfs
which may happen by keeping too great quantities of gunpowder in or
near the cities ^London ^M^Weftminfter, or thefulnirbs tbered\
it is enaSfed^ That it Jball not be lawful to have or keep more than
two hundred pounds of gunpowder at any time in any houfoyjioreboufh
warehoufey Jbop^ cellar j or other place ^ or in any boufes^ jiorebovfis^
warehofyesy Jhcps^ cellars^ or other places under one or the fame mf^
or in any yard or yards within the cities ^London and Wcftminfter,
or either of them^ or within tbefuburbs thereof y or within three miles
of the tower of London, or within three msJes of bis Majeftfs po^
lace of Saint James's, or within two miles ^ any magazine ere&oL
for hefting gunpowder belonging to his Majejtyy bis heirs andfuecefr
fersyfor tbeufeof the publieiy for more then thefpaee of twenty four
bourSy upon pain of forfeiting fueh gunpowder^ and the value ebereof:
and whereas the dealers in gunpowder continue to keep within the &»
mits aforefaidy as large and dangerous Quantities as they ufed to io
before the maldng andpaffing of thefaida&Sy evading or eluding the
fame, either by difpoftng of fuch gunpowder under divers roofs, or in
places net defcribed by the faid flatutei, or by taking advantage of the
difficulty of proving the fame to have been kept twenty four hours
under the fame roof, or by fime other device or craft ; and although
the jujl'ues of the peace authorized by the faid a^s, have authority
to caufe dangerous quantities of gunpowder to be removed out of the
limits aforefaidy yet there being no power given for detaining the
fame woen removed, and the property not being divejiedy the owners
or proprietors thereof can immediately after fuch removal demand the
fame again, and maintain an aeiion at law for the recovery thereof^
although the fame be not detained an hour after fuch removal, where^
by the good intentions of the faid flatutes are utterly defeated, to the
great and apparent danger of the publick fafety : for remedy where-
of, and for the more eflfedlual preventing in future the dangers
aforefaid, and for making the laid remedy more extenfive, may
ft pleafe your Majefty that it may be enadted; and be it enaA-
ed by the King's mod excellent majefty, by and with the ad-
vice and confent of the lords fpiritual and .temporal, and com*
mons, in this prefent parliament aflembled, and bv the autho*
Perfom not yity of the fame. That from and after the twenty fourth day of
kee'^but^^lb 7"^' ^"^ thoufand feven hundred and forty two, it (hall nd
of gunpow- ' D^ lawful for any pcrfon or perfons, not being a dealer or dealers
der \ dealers in gunpowder, to have or keep within the limits aforefaid more
no more than than fifty pounds of gunpowder, or for any perfon or perfons
tkw*! ^hoursi '^''^S * dealer or dealers in gunpowder, to have or keep within

the

1742.] Anno dcctmo cflinto GcoRGii IT. c.32. €f

the limits aforefaid, for any longer time than twenty four hours,
more than two hundred pounds of gunpowder at any time, in
any houfe, ftorehoufe, warehoufe, mop, cellar, yard, wharf,
or other place, or in any houfes, (lorehoufes, warehoures, (hops, .

cellars, yards, wharfs, or other places, either under one and Thames cx-
the fame roof, or by dividing the fame, and difpofing thereof cept in (hips]
under divers roofs, or in divefs places, of upon the rivef of&c. pafTingor
Tbanus within the limits aforefaid, except in (hips, boats, and JJ*^*^^"?'/**'
other vcffcls adlually paffing and repaflTmg on the faid river of J-^^I^^Sd
Thames^ or detained there by the tides or bad weather ; and ex- weather j
cep^ alfo in carts, waggons, or other carriages a(5lually loading or carriaget
or unloading, or pafling or repafling on the highway, upon pain J<wdingorttii»
of forfeitine all fuch gunpowder, and the value thereof, wirti ^ffin/on'tlw
full cofts of fuit, to any perfon or peribns who will inform and highway.
fue for the lame, by any a<5tion, bill, or information, in any of p .
his Majefty's courts of record at JPeJiminJler \ which courts are sei%%{ito. s.
hereby impowered and required to give fpecial judgment in fuch c. 38.
aAions, bills, or informations, to he brought upon this a(5t, as
well for the recoverv of fuch gunpowder in fpecie, as for the value Aftion to be
thereof, befides cofts, and to award effedlual execution thereon ; commenced
any law, ufage, or cuftom to the contrary notwithdanding : within 30
provided fuch fuit or aAion be commenced within thirty days ^^^*
next after fuch forfeiture or penalty (hall be incurred, and (hall
be profecuted without wilful delay.

n. And belt enadted by the authority aforefaid. That it (hall Any Juftice to
be lawful for any juftice of the peace refiding within the limits iHTue fearch
aforefaid, upon demand made by any parifh officer, or by any ^^ranti,
one or more hou(holder or houfholders, being an inhabitant or
iohabitants within the faid limits, alfigning a reafonable caufe
for the dune, to iiTue his warrant or warrants under his ji^nd
and feal, for fearching in the day-time for dangerous quantities officen to
of gunpowder within the limits aforefaid, any houfes, (lore- break open
boufes, warehoufes, (hops, cellars, yards, wharfs, or other J*^««^
places whatfoever» or any (hips, boats, or other Veflels on the ^^^^^^^'^
river cS Thames^ (except as herein before is excepted) within the
Bmics aforefaid, and for that purpofe to break open any fuch
boufes, (lorehoules, warehouies, (hops, cellars, yards, wharfs,
yc other places aforelaid, or anv boats, (hips, or other veflels,
if there (hall be occa(ion ; and that upon every or any fuch To felze and
learch, it (hall be lawful for the fearchers or perfons finding the move unlaw-
lame immediately to feize, and then, or at anv time within f*^ qutntitiw'
twelve hours after fuch feizure, to amove, or caufe to be amov- *" " "^^**" »
MI9 all fuch gunpowder as (hall be foynd within the limits afore^
aid, upon aiiy fuch fearch, exceeding the quantity allowed by
thb prefent ad, and the fame being fo amoved out of the limits and detain tha
iforcfaid, it (hall be lawful to detain and keep the fame until Came till tt^p
t (hall be determined in one of bis Majefty's faid courts of re- property be
VMd at IFifiminftirj whether the lame (hall be forfeited by vir- » ^[^t of re-^
cue of tbia aA, and the perfon or perfons fo detaining the fame, com at Weft^
(ball not in the mean time be fubjed or liable to any a^ion or'minftar.

Fa fui;

6t

Penalty on
perfons per-
liiitting {pin-
powder to be
lodged with
them not be-
ing the own-
ers.

Provi(b.

C^eral \f[\ie,

Treble coilt.

This aft not
to affca pub-
Ifckftorc-
houfes or ma<
gazines.

Anno decimo quinto Georgij II. C. 32. '[174^

fuit for the keeping or detaining the fame until the property dial
be determined as aforefaid,

III. yfnd whinas divers perfons have permitted the dealers in gun-
powder to lodge divers quantities thereof in their houfes^ warehoufcSy
yards^ or other places^ not belonging to fuch dealers^ with a view of
evading the aforefaid a£fs\ for remedy whereof, be it further en-
a<5led by the authority aforefaid, Tnat if any perfon or perfons
(hall confent or agree, or knowingly permit or fuffer any other
perfon or perfons whatfoever, to have or keep any gunpowder
whatfoevcr, in any houfe, warelvoufe, (hop, cellar, wharf, yard,
or other place, within the limits aforefaid, belongihg to, or in
the poffeflion, power, or occupation of, any fuch perfon or per-
fons, not being the owner or proprietor, or the owners or pro-
prietors of fuch gunpowder, every fuch perfon and perfons fhall
forfeit, for every fuch offence, the fum of one (hilling for every
pound of gunpowder which he, (he, or they (hall fo confent or
agree, or knowingly permit or fuffer to be had or kept as afore«
faid, contrary to the meaning of this prefent a6l, to be recover-
ed by any perfon or perfons who will fue for the fame, in fuch
manner as is before provided for the recovery of the penalties
herein before mentioned.

IV. Provided always neverthelefs, and it is hereby further
ena<Fted, That it (hall not be lawful for any perfon or perfons
interefted in fuch gunpowder, or any perfon or perfons by col-
lufion with the owners or proprietors thereof, to have or main-
tain any a<5tion, bill, or information upon this prefent afl ^ any
thing herein contained to the contrary in any wife notwith-
ftanding.

V. And be it further enabled by the authority aforefaid. That
if any fuit or adlion (hall be commenced or profecuted againft
any perfon or perfons for any thing done in purfuancc of this
prefent acSt, in every fuch cafe fuch perfon or perfons (hall and
may plead the general {(Tue, and give this a6t and the fpecial
matter in evidence, at any trial to be had thereupon, ana that
the fame was done in purfuancc or by the alithority of this z&i
and if a verdid (hall pafe for the defendant or defendants, or
the plaintiff or plaintiffs (hall become nonfuit, or difcontinue
his, her, or their fuit or a<5tion, after iffue joined; or if upon
demurrer, or otherwife, judgment (hall be given againft the
plaintiff or plaintiffs, the defendant or defendants (hall and may
recover treble cofts, and (hall have the like remedy for the fame,
as any defendant or defendants hath or have in other cafes by
law.

VL Provided always. That this adl, or any thing herein con-
tained, (hall not extend, or be con(lrued to extend in any wife,
to affed any (lorehoufe or magazine belonging to his Majefly,
his heirs or fucccfTors, wherein gunpowder or other ftores Ihdl
be kept for the ufc of the publick, or to hinder the proving or
trying gunpowder by his Majefty's officer's as is ufual, for the
.fi:rvicc of his Majefly, his heirs or fucceffors, or to the carry-
ing

1742.] Anno decinao quinto Georgii II. C.33. 69

ing^of gunpowder to and from any of his Majefty's magazines,
or with forces in their marches.

VII. And be it enabled. That the faid recited adVs, and all The recited
proviHons, claufes, matter, and things therein contained, not aft' to be in
hereby altered, (hall be of full force, and (hall or may be ob- '^'*S^» **^«4
ferved and put in execution for preventing the mifchiefs afore- ** ^^"
faid, notwithftanding the making of this ad.

CAP. XXXIII.
yin a£t to revive federal alts for the pmfhmtnt of perfons
deflroying turtipikes or locks ^ or other works ereaed by au-
thority bf parliament y and for other purpofes therein men-
tioned ; and to continue feveral aSs relating to rice^ to
frauds in the cuflcms^ to the clandefline running of goods^
and to copper ere of the Briti(h plantations ; and for ex-
tending the liberty given by the a£l of the twelfth year of
the reign his prefent Majefly^ for carrying fugar of the i .J:^

frowth of the hr\t\(h fugar colonies in America, to fhips
elonging to ayty of his Majefifs fubJeSls refitting in Great
. Britain, and navigated according to law \ and for the more
effeSual preventing the cutting of flar or bent.

WH E R E A S* rt^ laws herein after mentioned {which have by
experience been fdwid ufeful and beneficial) are expired^ or
lear expiring ; may it therefore pieafe your Majefty, that it may
t>e enaded, and be it enaAed by the King's moft excellent majefty,
3y and with the advicer and confent of the lords fpiritual and
emporal, and commons, in this prefent parliament aflembled^
fnd by the authcnity of the fame. That an adl made in the fifth 5 Geo.t. 0.53.
war of the reign ot his prefent Majefty, intituled. An a^ to ex-
^lain, amende and render mere effectual an a£i paffed in the firfl year i Geo.a. c. lo,
f bis prefent Majefifs reign ^ intituled^ An aft for puni(hing fuch
lerfons as (hall wilfully and malicioufly pull down and deftroy
umpikes for repairing highways, or locks or other works eredted - •> ' •

7 authority of parliament, for making rivers navigable, and
ifo an adt made in the eighth year of the reign of his prefent ^nd 8 Geo. s.
Majefty, intituled. An aft for rendering the laws more effeiiual^^*^' relating
jr pjinijhing fuch perfons as ftkdl wilfully and maliciouffy pull down and^^ki re-
r dejlroy turnpikes for repairing highuHJys^ or locks or other works vived for 5
rified by aif of parliament^ for making rivers navigable^ and for Y^^*-
^her purpofes therein mentioned \ which (aid afts are expired, ^^all w. ^^ .
^, and the fame are hereby revived, and (hall be in force foriyQco^.!^.
fie purpofes therein mentioned, from the firft day of Juncy one ' ' ' *

(loufand feven hundred and forty two, until the firft day of
ktne^ one thoufand feven hundred and forty feven,
11. And be it fun her cnadted by the authority aforefaid. That Aa 3 Gea «.
n aA made in the third year of the reign of his prefent Maje-ciS reltftin^
y, intituled. An a^J for granting liberty to carry rice from his ^9^^^^^^^
fajejlfs province of Carolina in America, directly to any part of^^
uropc, foktbward of Cape Finiftjorre, in Jbips built /V^, and be-

F 3 Isnging

70 Anno decimo quinto Georgii IL C. ^3. {s749-

longing to Great Britain, and navigatid according to law j which
was to be in force for five years, from the twenty ninth dav of
September^ one thoufand feven hundred and thirty, and m>m
thence to the end of the then next feifion of parliament \ and
and another ^^^ ^^ *^ "™*^^ ^^ *^ eighth year of the reign of his prcrent
SGeo.s c 19. Majefty, to continue the faid a£t, from the expiration thereof,
for continuing, until the twenty ninth day oi Septimber^ one thoufand feven hun-
the fame till ^^tA and forty two, and nrom thence to the end of the then next
U cxtended^to f^^^^ion of parliament, and to extend that liberty to hi» Majefty'i
Georgia, and province of Georgia in Jmericaj (hall be, and are hereby fiirr
continued till ther continued, from the expiration thereof, until the faid firft
£"^ '»y*7' day of Jurn^ one thoufand (even hundred and forty feven, and
%TQ^ic,\%. fr°"* thence to the end of the then next feflion of parliament
III. And be it further eoacled by the authority aforefaid. That
Claufcs in 5 ^he feveral claufes in an afl made in the fifth year of the reign
a^^nft nlnV ^^ ^is late Majefty, intitulM, Au a^ againft clandiftine rumimg of
ning ancu. uncujlomed goods ; and for tbi more tffo&ual pnvmting of fiiuds
ftomed goods, relating U tbecti/ioms^ relating to fuch foreign goods, wares, ^d
merchandizes, as (hall be taken in «t feii, out of any (blip or
veffd, in order to be landed, or put into any other (hip, veiflU,
or boat ; and aUb relating to goods not reported, and found after
clearing (hips i and whereby further remedies are provided a-
gainft relanding goods prohibited to be worn in this kingdom,
«nd foreign goods (hipped out for parts beyond the (ieas ; aad
tlfo relating to the opening or altering the package of goods^ pa
board (hips outward bound ; and alfo relatme to hovering (bipi
or veflels of the burthen of fifty tons or uncter ; and alio oqqp
eerning the bales or package, in which coffee (hall be exported;
and alfo relating to rum imported in cafks or vedels, not con-
taining twenty gallons at the leaft $ and alfo relating to cer^
cate goods entered in order to be exported to Ireland; whj^ £ud
feveral claufes were to have continuance for the term of thier
years, from the feveral times of the commencement thereof, and
from th\snce to the end of the then next fe(&on of parliafBem
9 Geo. I. c. s. refped^ively ; and by another ad pafled in the ninth year of his
faid late Majefty's reign, were continued from the expiraiion of
the feveral and refpecSive terms therein mentioned, for the term
of five years, and from thence to the end of the then next fef-
fion of parliament ; and which faid claufes, by an aA made in
sGco.ft.ciB.the fecond year of the reign of his preient Majefty, were fur-
ther continued, until the twenty ninth day of Stpiember^ one
thoufand feven hundred and thirty four, and from thence to the
end of the then next feffion of pariiament ; and which faid dagfies
t Geo.a. c. si. by ai^other a6V made in the eighth year of the reign of his prefent
Majefty, were further continued trom the expiration thereof,
until the twenty ninth day of September^ one thoufand iieveQ
hundred and forty two, and from thence to the end of the then
eontinaedrill next feftion of parliament; (hall be, and are hereby fuithtf
Jariblr^^tili'' ^^^^"^^^^ ^0"* ^^^ expiration thereof, until the faid firft day of
mud by %yGto. 7^^» ^^^ thoufand feven hundred and forty feven, and from
a. c 1 8. ' thence to the fnd of the then next (cflion ot parliament,

: lY.AiiA

1742.1 Anno dedkno ^qdinto GeoROii If. c. ^3. 71

IV. And be it fortti^ enadM by the authority kforeCzidy SGeo.i. c.ig.
That an ad qnade in the eighth year of the reign of his late Ma- ^n^n'jn^^" f'^*
jcfty, intituled, jh u^ io prevent the tlmdejime running of goods^ goods" conti-
and the danger tf ihfeSlim thereby ; And t$ prevetit Jhips breaking nued till June
their ftearentine\ and to /iiijeif eopper ore 0/ 4he produ^ion of the^^ ^iM-
Briddi plantations tofuch regulations as other enumerated <onnnodities ^^/^^ ^ q''"
^ the Hie produ^ion are ptijel^ \ which was to be in force for ^ c. 1 8*/ *^
ttto years from the twenty fifHi day 6f March^ one thoufand

feven hundred and twenty twb, and froth tbenee to the end of
the then next feffion of pariiafbftht i which a6t (except the claufe
obligms all (hips or YeiTels to perform quarentine) was by an
aft made in the eleventh year of his late Majefty's tei|^n, fufr "Gco-i-cxj.
ther continued from the expiratioti thereof, for three y^ars^ and
from thence to the end of the then next feflion of parlrahvent;
and which by another a6t (except the claufe obligihg all ihij^sor
vcfiels to perform quarentine) mide in the fecond ydar of the tGeo,z.c.ft8.
reign of his prefent Majefty, was further continued frorti the ex-
pration thereof, until the twenty ninth ilay of Sieptember^ one
thoufand feven hundred and thirty four,«and from thence to the
end of the then next feflion of parliamciht; and which faid a6l:
(except the claufe obfiging all mips or veHels to' perform qua-
rentine) was by another a<^ made in the eighth ye;^ of the reign g Geo.i. e.si •
of his prefent Majtfty) funher continued froth the expiration
thereof, until the twenty ninth day ^Sipiembet^ one thotifand
iieven hundred and forty two, and mtit thence to the cndot'.the
then next feflion of parliament, ihall be (except fo much of the
£une a^ as relates to (hips or refiels performing quarentine) and
the fame is hereby further continued from the exfiiration there-
of^ until the faid firft day of June, one thoufand fe^en hundred
and forty feven, and from thence to the end of the then next
feflion of parliament.

V. Jna whereas the liberty given by the oH of the ttvelfib year ixGeo.i.cwjot
rf his Majeftys reign to carry fugar of the growth andprodnte of

his Majeftfs fugar colonies in America, cKreStfy to foreign part s^ tn
fiips built in Great Britain, navigated aceordii^g to law^ hath proved
very beneficial to the faid colonies^ and the extdhding thereof to fiips
belonging to Great Britain, navigated according to law^ would great-
fy promote and encourage the trade of the fiid'-'Mouies ; be it there-
fore enadted by the authority aforefaid. That from and after the ^^ ^o carry
twenty ninth day oi September y one thoufand feven hundred and thcplanta?
forty two, it fhall and may be lawful for any of his Majefly's tions djreaiy
fubjeds, in any fhip or veUel btult in Great Britain^ or belong- to foreign
ing to anv of his Majef^y's fubjefls refiding in Great Britain^ and P^*"" ^'J"^*
navigated according to Jaw, to fhip or load In any of his Maje- belonclng to*
fly's fugar colonies in America^ any fugars of the growth, pro- Great Bnuin«
duce, and manufacture of the laid colonies, or any of thent; and
to carry the fame from thence in any fuch fhip$ or vefiehto any
foreign parts of f,urope^ fubjeA neverthdefs to all fbch fules, eh*
tries, fecurities, reflri6tions, regulatiohs, limitations, penalties,
and forfeitures, as are in and by the faid ad of the twelfth year

F4 of

j2 .'Annodecimo quihtoGEORGii II. c.jj. r'74^*

of his Majefty's reign, for that purpofe particularly appointed
and ena<^ed. .

• VI. jind whereas upon the north-wejl cMJly ef this kingdomj end
efpecially in the county palatine ^/Lancafter, thefca is bounded yjani
the adjacent lands are prevented from bein2 overflowed by large fani-
bills^ which ar$ compofid of fuch loofe fand^ that in dry weathet^
when any- violent flrong weft winds happen to blow^ the fame ncari-
riedaway^ and thrown upon the adjacent lands^ not only to the is-
mage thereof ^ but alfo to the great terror and danger of the inbaUr
tants^ who are thereby ,expofei to the inundation of the fea: ad
. whereas it has been found by expcriencty that the hefl way to prtr
ferve the faid hills Jrom ittv/tf blown away as afore/aid^ is to plant i
/hem with a certain rujb-^ fli^ub called fiarr ^r b^^tj^. which proms
an ijfe^u^l method for keeping the fame Jinn andfolid^ and which the
AWmrs (f thifaidlands areat-.great cofis and charges in yearly fetttng
and^pknting for that 'purppfi: and whereas it JrequtntlyhappcM^
jhat many Qle and difordfr^ P^vfins^ refiding near the faid coqfis^ ds
.unlawfully^ and malicion/jyjn (he night-time^ ,as w/ll,as by day^ ai\^
\puUupy and carry, awayih^ftarr{or bcntfo planted as afortfaidy aid
\inflcqd of working in 4f';^p^ n/anner for the maintenance andjup-
.port of thfir fifnilieSi 'do privaielffell and difpofe of the faid flirr
, xor bentji for tpaiiH.fif /^^^^^ hrujbeSy and brooms or bejoms^ land
. therd^fbe faid'btSs aredr^dnd Jo loofe and opeti^ iht tne^ fam an
[efte^j^^i HponJhe a^eiff(nt lands^ which ar4 covered over therewith
^n^Ji^^^nner.as to d^roj^-^ corfi^ grafs ^d'herbage thereof^ and
e^tfnj^ ithe^Jawe^to. inund^i^nsy to the great lofs and damage af\thi
[fiwrxKs^ '^nfiaccupiers. of.^fk^jaid lands ; for Remedy whereof, bc.it
.enabled by the authcaity ^forefs^id, Tha( if any perfon.or po-
f ions /hail, ^i^jany time primes, from an,d tft^r the twenty ;nihth
^.Asi,y ^'^ej>tfmb£r^ one^thc^ufand feven hundred and forty two,
by day or night without the confcnt of tlie lord Qt owner of fitfii
. .^ , . fiarror benthilU, cuty*pull up or carry away, any ftaI•r.cr\^ellt

which already is, or at any time or times hereafter n^all tbc plahl-
V ed'or (et on the faid-hrils or banks, on the north- weft cildfth of
Englandg/m order,.tp preferve and to prevent the fame from be-
ing bio wA^H'onttiie 4ld adjacent lands, ilQi^ll and may belaw-
. fuj to andfor any one or oiore of bis Majefty's juftices of the
. peace of the county, riding, city, town-cf^rporate^ liberty, or di-
y ' yinon* where fuch ftari* or hcnt (hall be cut, pulled up oroar-

ried away, and ^ch juflice or jutUces is and are hereby im-
pmjkfered upon complaint or information upon oath made of fuch
offence (which oath fuoh juftice or juftices is and are herebyau-
thorized to adoriiniftcrjto iiimmon the party or panics fo coni-
' i ■ ' »' . . pjained of, and in default of appearance thereon^ to.ifTue out
/ .^, ^ his or •their warrant or warrants to apprehend and bring before

{ ::iRVor them the perfon qr perfons fo accufed or complained of;
Penalty for \ S^^ "P^^ proof thereof made, either by confcffion of the party
cutting ftanr Jor parties fp accufed, or upon the oath of one or more crwliblc
or bent from witpefs or witneifes, to. convid the offender or offenders ; and
the land-hillsi every perfon fo pffending, and being thereof convided as afgrt-
j^aid,' (nail forfeit and pay ihefum of^twcnty (hillings j one moie-

7

74^*] Aan* (kcimo qirintb Georoii II. c. 33. ^3

y thereof to the informer, and the other moiety to the lord or
>wner of fuch ftarr, bent, or Tatid-hills, the fame to be levied
>y diftrefs- and fale of the offender's goods and chattels, by \var-
rant under the-hsnds and feals of fuch juftice or juftices, toge-

:her with the .charges of ftich diftrefs and fale, rendring the

overplus, if aily be, to the owner or owners thereof; and for
Bvant of fuffideiw diftrefs, the faid juftice or juftices are hereby
required to commit Ih6 perfon or perfons fo convi£led as afore-
raid, to the houfo of correAion, there to remain and be kept to
hard labour *for4he-fpate of three months ; and if any perfon or
perfons fo convidted, (ball .afterwvd^ he euihy of a fecond of-^*"*'*U"'^'
fence, and thereof lawfully rohvii^d by'luch juftice or juftices, ^ »w"»c^
^ther by corifeflion of the party or parties, orupoa the oath of
one or more 9redidle witnefs or witpiefles, fuch p<;rfi^ or per-
sons (hall be qpiqmitted to theihcuife of corredion forthe fgace
of one yieaf,* fterfc'ko Jbe whiptah^'kept to hard labour..:.'

VIL And be it further ima'ded by the authority aforefaid, Penalty on
That if any ftjurr or bent (hall be found in the chftbdy for pot ^*^jt?"^. i
fii:flion of ;any.perfi»i or perfons within five miles of -any fuch g^^^.
fiarr, bent or.^d-biHs as aforefaid, iiich peribn ocperfons bein^
coavi<^ed thereof befoi^ one or mott juftice or juftices m man-*
neC' aCofdaid, (hall be deemed, Wjudged and taken to b^ the cut*
ter- and puller of fuch.(hirr or bent from fuch fand-hill^, an^
fk^il forCpit and pay .the fiun of tw^tv- (hillingA»; ^pne moiety
tbareof to therord or owner of (ucKiWrr* bentor &nd-hills^
l^^-faiaie to beM^ied in manner. aibrefaid, by diftrefs and fale
of the ofTender'l goods and chattel^y. together with the. cliarget
of fu^h diftrefe and fale, rendring the overpJU9,: if any^ tome
:pmx^t or owners thereof ; and for. want, of fqiKcient diftrefs,
fuch perfon or perfons (hall be committed iti manner afbrefaid,
.tp the houfe^iof correction, there to remain and be kept tohard
,l9bour for the fpace of three months, .

.•t . YJil- Provided always. That nothing in this z& contained ProvUb.
(MX expend, or be conftru^d to extend, to prohibit or reflrain
,9ny4>erfon or perfons from*. the exepcife or enjoyment of any
ancient prefcriptive right, to cut ftarr or bent upon the fea coafts
in the county c^. Cumbefhnd.

;IX- -^ni wk^Ms by ana£i made in that part of Great Britain
tailed Scotland, injht year om th&ufandftx hundred and ninety five^
^intitulid^ An ad fpr prefervation of meadows, lands and paftu-
rages lying adjacent tp fand-hills, the pulling of bent isprobibit^
id and retrained under the penalties mentioned in the faid a£f: and
tuhereas the faida£f hath by experience been found ineffe^ual for an^
Iwering the purpofes thereby intended -y be it therefore enaded by the
authority aforefaid. That from and after the faid twenty ninth Penalty for
day of September^ one thoufand fevcn hundred and forty two, ^^^bcnf in^
if any bent (hall be pulled or cut from any fand-hills in that Scotland. '
part of Great Britain called Scotland^ either by the lord or own-
er thereof, or by any other perfon or perfons whatfoevcr, fuch
perfon or perfons being convidled thereof (hall be fubjed and
liable to the like penalties and forfeitures, to be difpofed of in

fucK

^4 Aanodfidwo qumm GeorQII II. ^ 34U ['74^

fiich manner as in and by the Taid ad is paitkultn-ly mentioned

Penalty for andexprefled; and if any bent iball frdm and after the (aid

havin^ftarror twenty ninth day of Septmhr be found in the cbftody or pot

^■^ *fic^^ fcflion of any pcrfon or perfon$ within eiebt miles of any fand*^

aym kcoc- {^iils.in that part of Great Britain called S€$tkai, fuch porfondr

perfons being convided thereof, (hall be d^eitied^ adjudged and

taken to be the puller or cutter of beot£h>fla fuch iiuid-hilis^

and (hall be fubjeA and liable as a puUer of bent to the like pe»

oalties and forfeitures, to be difpom of ia fuch Inanner as ii

aad by the iaid t& ia particuiarly men^oi^ed and cxprefled*

CAP- XXXIV. ;

An sB iff ixplain m mS mttie in $bi fwrtemh year tf tk
nigH df bis frefent Mmejly^ intiiuledy Ah aft to rend*
the laws Aiore efiir^hial for preventing the ftealing and
^ , . defboyiAg of fliecp, wd other catde. i '/.\

t^H^jucA. 1X7HERE AS iy anail maJi in tbi fiuftmth jiot }f ih
W rtign of bisprifini Mafi/fy^ intthtUd^ An nA to render- ite
laws more effiedual totf pi^evonting the fteaHng and deftniyiiig
cf (beep, and other cattle, H tihtt entidfeij fVat ifanj^ ptrfm tt
ftrfimfimM at €mf timifrm and afiir th$ fttfi dof ofhiwfiinA
jlMr ofmY-Lord dnt thmfand fii>en hundred andfmrty on^pMidl^
drivi^ tffuffs .9r in ealy other ^^ nttinntr felinimfy fiiaU mn wr'm^N
Jkup » mhir eattli of a^ ithor per/on 4r p^Jins iiuhatfm&^
#r fiuM wit/ulfy nil OHi'$r more jimp or^hir caUle tf mf ot^
firfm^er perfms wiatftevir^' with a ftl&nims intent to Jleetf ^
toMr earafior earatfet^ 4t^4nf part &r pM% tf the tafeiih #
^ireifii ^Mpme$r monfitep or other oitU thmfbtiddhefo HMy
r9r jimmaffift or aid cnrperfon of perfons to commit Onf fuch ofienie
'isr offences^ that then tie poiyon ot perfons guilty of any hcb omna^
being thereof conviffed in due fhrm of iMf^ flmid be aJ^udgeajpi^
of felony^ 0fdJb&uIdfuffer death as in cafes of felony vAthmt binem
if alergy: and wbireas it is doubtful to wm forts of eObtli bafkbs
Jbeep thefaid aif was meant to extend ; be it therefore dnaAM alfid
dedared by the Kine's moh excellent majefty, by atid with the
advice and confent of the lords fpiritttal actd temporal, and com^
snons^ in this prefent parliament aflembled, and by the authMty
"^o what fortf ©f the faanc. That the faid aA was aocant and intended^ and
aa UmI) ex! ^^ ^ con(h'ued,. deemed and taken to extend to any ^ull,
tend. " ^^9 ox, fteer, bullock, heifer, calf and IsiiAb, as well as ffie^,
and to no other cattle whatfoever.

CAP.

[ 74^*] Ahad dedmo quinto Georgzi IL c. 35* 75

CAP. XXXV.
4h aSto continue fiveral laws far the encouragement of the
making of fail cloth in Great Britain ; and of tbeJiUt ma-
nufaSures of this kingdom ^ and for allowing a irawhack
on the exportation of copper bars imported ; and to explain
a claufe in an ail made in the lafl feffion of parliament^ to
prohibit the exportation of com^ and other things therein
mentionedi and to give further time for the payment of
duties omitted to be paid for the indentures and contrails
of clerks and apprentices.

WHEREAS tbi laws herein after mentioned^ wbich have If
experience been found ufeful and beneficial^ are ne^ expiri/igi
nav it therefore pleafe your Kf ajefty, that it ma]^ b^ enabled,
lod be it enafled by the King's moft excellent majefty» by and . .
nrith the advice and content c^ the lords fpiritual and tempond,
ind commons, in this prefent parliament aflembled, and by the ,
luthority of the fame. That an a£t made in the twcDftb year of tf,'A$tL.$.u

years,
:o the end of the then next leflion of parliament ; and which
ivas by an adl made in the fifth year of his late Maucfty's rdgn 5Geo.x,c.«c.
urther continued for the term or feven years, and from thence
:o the end of the then next fcflion of parliament ;an4 whic^
>y another adt made in the tenth vear of the reign of his find ioGeo.i.c.if«
ate Majefty was further continued for the term of feven years*
md from thence to the end of the tjien next feffion of parlia-
ment , and which by another aA made in the ei|;hth year of the g Geo. %, ciS.
•dgn of his prefent Majefty, was further continued until the qj,j^-«^ ^
iwenty fifth day of March^ one tHoufand feven hundred and juoci, 174^ *
brty two, and from thence to the end of the then next feffion &c. *
a parliament, (hall be, and the (ame is hereby further conti- Fartter emtt-^
lued from the expiration thereof, until the firft day of June^ mtediytjGt^
me thouiand feven bundfed^nd forty feven, ^nd from thence **^'^
:o the end of the then next feffion of parliament.

n. And be it further ena£ted by the authority aforefaid. That Onak$m
he fevoral claufes contained in an a6l made in the eighth year offp^* '• ^*^5»
he reign of his late Majefty, intituled, Jn aSlfertbe enaiufoge^ ?^ Semii*^*
ment of the filk manufa£fures of ibis kingdom ; and far talang of^mmMScax^
^everal duties on merchandizes exported-^ and for reducing the Cities
tpon beaver ftdns^ pepper ^ mace^ cloves and nutmegs imported ^ and
^or importation of all furs of the produB of the Britifti plantations
nto this kingdom only ; and that the two corporations of affurance on
myfuit brought on their policies^ Jball be liable onfy to fingle damages
md cofts ofjuit^ relating to the encoura^ment of the filk manu«»
adtures of this kingdom ; and for takmg off feveral duties on
nerchandizes exported \ which were to continue in force for
hrec ycarS) firom the twenty fifth day of March ^ ond tbouland

feven
6

76 AnnbxJccimo quinto GeoRGII II. C.3'5: [1742.

feven hundred and twe^t^ two, and from thence to tlie end of

the then next fcflioh or parliament ; and which laid claufcs

iiGeo.i.c.i9.'.Wcre by an a£t made in the eleventh year of his faid late Maje-

fty's reign, continued firomthe expiration thereof for three years,

and from thence to the end of the then next icfEon of parlia-

ftG€o.4.c.«8. ment; and by anotljer atfl. made in the fecond year of his prc-

fent Majefty's reign were further continued from the expiration

thereof, until the twenty' ninth day of September^ one thoufand

feven' hiSndred and thir^ 'fo^rj and from thence to the end of

the then nc?^t feilion of (^arliam^t j and \;hich by anoti.er act

SGeo a 18 '^^^ in the eighth year . of « the reign of l%xs'prcfent Majefry

' were further continued until the twenty fifth diy of Marehy one

continued to thoufand feyen hundred at\d forty .two, and from thence to the

June 1, 1747. end of the then next'feiflrioh ot parliament, (hall be, and the

lame' are bereby continued from. the expiration thereof^ until

Fartker cQHti' \x\it fixA Aiy oV June y orfe.^thoufand feven hundred and forty

nuatyxSiato.^^^^^ in$ ftom' thence to thfc.end. of the then next felTlon ot

parliament. ^

Thttwolaft 'ill'. A'i^..'^ .^ further enacted by the aiithonty aforcfaid,

danTei Ih ^n., Th^t tl^ twd laft claufes in ah a(5t made in the.njnth year of

«a 9 Gcd. 1/ trie rcigri^of bis late Majefty^^ for' continuing of fome laws, and

^nuine'^laws' reviVing'Sthjcrs tfierem mentioned, for more efFedlual prevent-

^, ^ * iiYgfraudsinmiJcingfilks with fluffs to' be exported : whidh faid

claufes werelw an aft made in the fecond year of the reign of

his prefettt'Majcfty, to Continue in force to the twenty ninth

day of ^ipfember^ Cne thoufand feven hundred atid thirty four, aha

from thence to the end of Hie then next ftfiirtn of parliament;

Tarihircohtf- ^"d which by another adt made in the" eighth year of the rciga

Mueiiaj 8 Geo. o£ his pfefent Majefty were further contilioed'urfril the twenty

I. c. 15. ^ fifth day of Marehy ohie thbiifand* feven huridtedand forty two,

and from tiience to the end of the then ncbct feffion of parlia-

ointiniifd to ^ent, (hall t)e and arc hereby further continued until the firft

Jane 1, 1747- duy of jfuFtfy one thoufand feven hundred J^nd. forty feven, and

■ from thence to the end of the then next fdfiori of parliament.

Adanftinan IV/ And be it further dnafted by the authority aforefaid,

s^ 9 «c 10 That the claufc contained in an a(5t mide in the niiilh and tenth

f^io-^r^'i'i tmg 7^^" ^^ ^^^ ^^*g" ^^ ^^^ '^^^ rriajcfty King rFiPJam the Third,

to coppw or^ mtitulcd, jffi a5i to fettle ihi trade to Africa, for allowing during

a limited time a drawback of the duties upon the exportation of

copper bars imported; and which claufe, after the cxpiraiion

thereof, was by an aft made in the twelfth year ot the reign of

ss Ann. <bt. hcr late majefty Queen Anfie^ revived and cormnited for fourteen

J. c. 18. f. 5. years, ^and from thence to the end of the then next felTion of

continued 14 parlianlent ; and alfo the provifo in the faid laft aft contained,

years. being in the words fbllowihg; that is to fay, Prcvided ncverthe-^

le/sy and be it cna^edy That na draivb.nck /hall be alhivrd on the ex^

poirtation of any copper ^ hut fuch as h:th teen cr /ball be imported

frtm the Eaft Indies, and the coaji cf Barbary only ; and which

i3Geo.i.c.27. faid claufe and provifo, by another aft made in the thirteenth

year of the reiirn of his late Majefty, were further continued fqr

fourteen years, and firom thence to the end of the then next

I'eflion

1743'] Anno.dccimo fextP Georgii IL c. y. . ^ ^j^p,

ielTion of parliament, (hall be and are hereby further continued Farther contu
from the expiration tliercof, for and during the fpace of four- *"^''^*^^^^'
teen years, and from thence to the end of the then Ti«xt feffion -** ^' ^**
of parliament.

V, Jfid whereas by an aJf pojfed in the fourteenth year of his prtr i4^co» *• c. 3.
fent Majejiy's reign^ intituled^ An a<ft to prohibit for^ time there-
in limited the exportation of corn, grain, (rice excepted) meal,
malt, flour, bread, bifcuit, (larch, beef, pork, and bacpi), // is.
(among other thifigs) ena^fed^ 77>at no per/on or ptrfom^ atfiny iime^
before the twenty fifth day of December, one thoufand feven hundred
end forty one^ Jhall direhly or indire^ly export, tiranfporty carry y or
convey out of or from Great Britain or Ireland, or other the domi-
m$ns cf the crown of Great Britain in Europe, or the plantations
in America, any fort of com or grain {rice excepted) meal, malty
flour, bread, btfcuit, Jtarch, beef, pork, or bacon, under the penalty
of the forfeiture thereof, and twenty fhiUings for every bufhel of
corn, grain, malt, meal, or flour jo exported, in which faida^ is
contained a provifo. That nothing therein contained fhtmld extend to
prohibit the exporting corn from the Briti(h plantations in America
to Great Britain or Ireland, or from Great Britain to Ireland, or
from Ireland to Great Britain, fo as fuch fecurity be given as. the
faid a^ dire^s ; which faid aSt is fince expired: and whereas a
doubt has arifen, whether the exporters of wheaten flottr, and malt
ground or unground, are entitled to the bounty by law allowed to thofe
who fbould export the fame, by reafon it is not exprefly provided by
the faid a£i, That wheaten pur, and malt ground or ungrmnd^
fbould be exported to Ireland as well as whole corn^ be it therefore Exporters <rf
cnaAcd and declared by the authority aforefaid. Thai the faid ^nd^tdt
a£t was meant and intended to extend to all com and malt that around, en-
was ground, as well as whole corn ; any thing in the faid be- titled to the
fore recited a6t contained to the contrary in any wUc notwith« bountyallow-

ftanding. Kr?^'^

The daufe concerning clerks and apprentices. Exp. ^

Anno decimofexto GEORGII !!• Regis.

AT the parliament begun andbolden at Weftminfter, the
firft day of December, Arino Dom. 1741, in the
fifteenth year of the reign of our fovereign lord George the
Second, by the grace of God, of Great Britain, France, and
Ireland, King, defender of the faith, &c. And from thhtee
continued by feveral prorogations to theflxteenth day of No- '
vembcr, 1742, being the fecond feffion of this pre fent pat^
Uament.

CAP..!.

An ad for granting an aid to his Majefty by a land tax to be raiied in
Great firitain, for the fervice of the year one thoufand feven hundred .
and forty three* Exp. At 41. h% the pound,

CAP**

78' Anno dedmo lexto Georgii IL c. 2— 7. [i743«

CAP. n.

An aft for continainr the duties upon malt, mum, cyder, and perry, ia
that part of Great Britain called England $ and for granting to hit Ma-
jefty certain duties upon malt, mum, cyder,^ and perry, in that part of
Great Britain called Scotland i for the fei vice of the year one thcmfiu4
leven hundred and Ibrty three. Exp.

CAP. m.

An aft for repairing the road from Bowes in the county of York» to
Brough under Stainmore in the county of Wdlmorland.

Ortam toUt grantidfir xijemrst

CAP. IV.

An aft Ibr enlarging the term and powers granted by an aft pafled m tiie
firft year of the reign of his prefent Majefty for the more effeftual
amending the highway between HockliiFe and Wobnm in the county
of Bedford ; and for repairing the road leading through Wobum to
Tickfbrd Bridge in Newport Pagnel in the county of Bucks. i

72i# «^ I Geo. II. c. 10. c9Kimuedfir %\jiars.

CAR V.

An aft for enlarging the term and powers gpranted by an aft paiTed in the
Cbirteenthyearofthe reign of his late ma|efty KingGcor^ the Firft,in*
titoled, Am a3 for rtpmrmg the /twrai ruids Mit^ Jrmm the t»wa 4
WmwttMfirm the cemty efWats.

ne 4iS 13 Geo. L c. i(. ctmimudjer xijeart^

CAP. VI,

An aft to enable the prefent and future proprietors and inhabitants of the
booies in Charterhoufe Square, in the county of Middleiex. to make a
rate for raifing; money enedurily to inelofe, pare, watch, dean, and .
iaipn>?e the iaid £|uarey and to continue the lame in repair.

V CAR vn.

An aft for rensurin^ the high road from Borough Bridge in the county of
York, to Cathenck in the fame county, and from thence to Plcif
Bridge OB the river Ten.

K Certam teUs etre gra«ted fir %tjeart. See si Geo. II. c. 39.

CAP. VIII.

Ai^ alt for repealing certain duties on fpirHuous Uquors^ and
on licincesfor retailing ibe fame^ and for laying other dn-
ties onjpirituous Ufuors^ and on licences to ret ale the f aid
liquors.

Pmunble^ re* AX/^^^^A^ h ^ aO made and pafed in the ninth year of

citing the aft ^ VV the reign of his prefent Atajefiy^ intitubdy An 2& tor lay-

9Geo.a«ci7.iog a duty upon the recalers of Spirituous liquors, and forU-

cenfing the retalers thereof, the felling and retailing ef hrmh^

rttntj arraeJt^ ufquebangbj genevOj aqua vite, or any ether diji^d

fpirituous liquors^ orjlrong water Sy either mixed or unmixed^ inanf

ws quantity than two gallons f withota firfi taking oat a licence far

^nt^deJfy ihaf pnrpofi^ as in thefaid aif is dire^ed^ was prohibited under ^

^^^^^^^*^'^^* penalties therein mentioned^ and a dntf of twenty flnUings for every

g/dkn ef all fiuh fpirituous liquors orjireng waters was tSer^ grant'

ed^

74?.] AimD dcdrno fexto Gboroii II. c. 8. 79

i\^ and JSn^ed to he rmfii ond paid tt his JUbjefly^ His heirs and
utcejjlirsy ky the retrnteri thereef^ ever and aieve au ether duties then
barged and ehargeaik upen the fame^ with divers prewfions and di-
'eSiens in thejmd aii iontainedfer managing^ eolkfliy^^ poyingj and
ipplyifsg the fame duty and penalties re/jpe^ivefy t and whereas p'eat
ificulties and ineonvenieneies have attemkd the ptttting the faid a6t
\n execution^ and the fame bath not bsen found effectual to anfmer the
pitrpofes thereby intended \ we your Majeft^s moft dutiful and
loyal (ubjeAs the commons of Great Britain in partiament af-
fembled, being defirous to raife the neceiTary fuppHes which we
have chearfuUy granted to your Majedy, in the eafieft manner
we are able, for the benefit of your fubjeAs, hare freely and
Yoluntarily eiven and granted, and by this a6t do |ive and grant
unto your Majefty the rates and duties on fpintuous lixKiars
herein after mentioned ; and do moft humbly befeech your Ma-
jefty that it may be enacted \ and be it therefore enaAed by
the King's moft excellent majeftv, by and with the advice and
confent of the lords fpritual ana temporal, and commons, in
this prefent parliament ailembled, and by the authority of the
Cune^ That from and after the twenty firth day of March, one
thoufand feven hundred and forty three, the duty of twenty
Shillings per gallon granted to his Majefty by the faid a A, upon
all fpintuous liquors which any retalers thereof (hould be pof- J**? former
fefled of or intcrefted in, after the twenty ninth day of Septem- ^^ "^P^*
ber^ one thoufand ieven hundred and thirtjr fix, and alfo the
firni of fifty pounds yearly, which by the faid aA was granted
to his Majefty for a licence for vending, bartering, or uttering
fiich fpirituous liquors, (hall ceafe, determine, and be no longer
paid.

II. And it is hereby further enaAed by the authority aforefaid.
That in lieu and ftead of the d\ity and impofition granted and
direAed to be raifed by the faid- former aA, and which is here-
by repealed as aforefaid, there (hall, from and after the faid
twenty fifth day of Marchy one thoufand feven hundred and
forty three, be raifed, levied, coUeAed, and paid unto his Ma- New dades
jefty, bis heirs and focceflbrs, for the feveral fpirituous liquors granted,
made, extraAed, and manufaAured in Great Britain^ and here-
in after mentioned, fpecified, and enumerated (over and above
all duties, charges, and impoiitions by any former aA of par-
liament thereupon refpeAively fet, rated, and impofed} the fe-
veral rates and duties of excife herein after mentioned and ex«
prefled ; that is to fay.

For every gallon of low wines or fplrits of the firft extra Alon, The Duties,
made or drawn from any foreign or imported materials, or any
mixture therewith, to be paid by the diftillers or makers thereof,
fix pence.

For every gallon of low wines or fpirits of the firft extraAion, ^
made or drawn only from any fort of drink or wafti brewed or
made from any fort of malt or com, other than and except
brewers wa(b and tilts, to be paid by the diftillers or makers
thereof, oM.penny. . . -^

For

To be coUeft
ed, as the ex

cife.

80 Anno decimo fexto GbosrgiI IT. c. S. [^743«'

For every gallon of low wines or fpirits of theiirft extraAioo, •
made or drawn from brewers wafh or tilts^or any mixture there-
with,, to be paid by the diftillers or makers thereof^ one penny.-
For every gaUon of low wines or fpirits of the firft extradion,-
made or drawn from any other fort or kind of EngUJh materiAli,
or any mixture therewitn, to be paid by the diftUler or makers-
thereof, three halfpence.

For every gallon of fpirits made in Great Britain of any kind
of wine or cyder imported, to be paid by the diftillers or maken
thereof, fix pence.

For every gallon of ftrong waters or aqua vita made for bid
of any other materials, to be paid by the diftillers or makov
thereof, threepence.

III. And for the better afcertaining, charging, colleding,
raifing, levying, andfecurine the rates and duties by this aiftim-
pofedon the faid fpirituous liquors, and preventing frauds there-
in; be it further enafted by the authority afcureEiid, That fuch
of the faid rates and duties by this ad granted, as are charged
upon fpirituous liquors made, extradted, aad manufadured ia
England^ JVaUs, or the town of Berwick upon Tweedj ihall he
under the receipt and management of the commiflioners and of-'
ficers of his Majefty's revenues of excife in England foe the time
being, and fuch ot the faid rates and duties as are impofed by.
this a<5t upon fpirituous liquors made, extracted, and manufac-
tured in Scotland^ (hall be under the receipt and management of
the commiflioners and officers of excife in Scotland for the time
being ; and the faid refpedive commiflioners of excife, pr the
major part of them, have hereby power, by commiflion un-
der their refpedive hands and feals, to conftitute and appoint
under them fuch oflicers as (hall be nece(rary in that behalf;
and all monies arifing by the faid duties, or any part thereof
(the necefTary charges of railing and accounting for the fame
excepted) (hall from time to time be paid into the receipt of his
Majefty's exchequer, diftindly and apart from all other branches
of the publick revenues, fubjed and liable to the ufes, applica-
tions, and purpofes as (hall by any future ad or ads of parlia-
ment be direded or appointed.
All powers, jv. And be ic further enaded by the authority aforefaid,
by VormCT a6h '^^*^ ^' ^°^ every the powers, authorities, diredions, methods,
Ihall be uied. penalties, forfeitures, claufes, matters and things, which in and
ny an ad made in the twelfth year of the reign of his late ma-
jelly King Charles the Second, intituled. An a6} for taking atvof
the court ofwards^ and liveries^ and tenures in capitCy and by kmgbts
fervicCj and purveyance^ and fettling a revenue upon bis Majcfiy in
lieu thereof y or by the faid ad of the ninth year of. his Majeily*!
reign, or oy any' other law now in force, relating to his Majefty's
revenue .of excife, upon beer, ale, and other liquors, are pro-
vided, fettled, or eftabli(hed for managing, raifing, levying-,
colleding, mitiffating or recovering, adjudging or afcertainii^
the duties thereby granted, or any of them, other than in fuci
cafes for which other penalties or provifious arc prefcrihed by

this

743-1 Ai^Bo decimaiexto GsoROii II. c. 8. S|

ds a<5t, (hall be exercifed, praAifed, applied, ufed, and put in
cecution^ in and for the managing, raifing, levying, collecting,
litigating, adjudging, afcertaining, recovering, and paying tlie
uties granted and diredted to be raifed by this a<fl, upon tlie
lid fpirituous liquors therein mentioned, as fully and effedual*
r to all intents and purpofes, as if all and every the faid powers^
iithorities, rules, directions, methods, penalties, forfehures^
laufes, mauers and things, were particularly repeated, and
gain enaded in the bodv of this prefent a<5t; and that one
loiety of the fines, penalties, and forfeitures hereby granted,
ball be paid to his Majefty, his heirs and fucceflbrs, and the
iber moiety thereof, to the perfon or pcrfons who (hall inform
nd fue for the fame.

V. And be it further ena^ed by the authority aforefaid, p|„^ ^„j ^
rhat all fines^ penalties, and forfeitures by this acfl before and nalties bowto
lerein after impofed, (hall be fued for, levied, recovered or be recovered.
nitigated by fuch ways, means and methods, as any fine, pe->

lalty or forfeiture is or may be recovered or mitigated by any
aw or laws of excife, or by aAion of debt, bill plaint or infor-
nation, in any of his Maje(ty's courts of record ^tWeJiminJl^ry
ir in the court of fe(rion, court of judiciary, or court of Ex- p.
bifUir in Scotland refpedively ; and one moiety of every fuch b!df to rtlc
iae, penalty, and forfeiture, (hall be to his Majefly his heirs King, the o*
lod fucce(rors, and the other moiety to him or them who (hall ther to the in-
lilcover, inform, or fue for the feme. former,

VI. And it is hereby further enacted by the authority afore-
aid. That if any perfon or perfons (hall be fued, molefled, or
irofecuted for any thing done by virtue, or in purfuance of this
it any other a6t relating to the duties of excife, or other duties
inder the management of the commiffioners of the excife, fuch

lerfon or perfons (hall and may plead the general iiTue, and give General iflue^
bis a6t, or fuch other a£t, and the fpecial matter in evidence,
a his or their defence or defences \ and if afterwards a verdidt
hall pafs for the defendant or defendants, or the plainti£F or
iJaintiffs (hall difcontinue his or their adtion or adtions, or be
lonfuited, or judgment (hall be given againft him or them upon
lemurrer or otherwife, then fuch defendant or defendants (nail
ave treble cofts awarded to him or them againft any fuch plain- Treble coftt.
iff or plaintiffs.

VII. And for the encouragement of the exportation of fpirits. Drawback on
Tawn or made from the materials aforefaid ; be it enacted by exportation,
be authority aforefaid. That firom and after the faid twenty ^'' *♦ Geo. a.
ifthday oi March^ one thoufand feven hundred and forty three, ^' *^*

bere (hall be a drawback or allowance of the feveral and refpec-
ive duties charged by this adl on fpirits that (hall be exported
0 pans beyond the feas ; and upon oath being made before any
wo or more of the commiflioners of excife, or jiiftices of the
eace for the county or ^lace from whence any luch fpirits are
itended to be exported, that the duties of the fame are duly en-
ured and paid, and that the fame are exported for merchan-
late to be fpent beyond the feas ; and upon producing a certi-
Vol. XVIII. G ficate

82 Anno decimo feirto Georgii II. c. 8. [i743«

ficate under the hands of the officers of excife, for the port or
place where fuch fpirits were (hipped off, the quantities fo (hip-
ped, and that the fame were (hipped in the prefence of fuch of-
ficers, the diftiller ordiftillers, or other perfonor perfons export-
ing the fame, (hall be allowed or paid back by the commiffioo*
crs of excife, or their collector for that port or place where fuch
fpirits (hall be (hipped off, the feveral duties charged thereupon
by this a£t accordingly.
Nonetoretale VIII. And be it enaAed by the authority aforefaid, Thlt
fptrituout li- from and after the faid twenty fifth day of Marcb^ one thoufimd
quors without fcyen hundred and forty three, no perfon or perfons whatfoeycr
ft6 GmTi. ^'' prefume by him, her, or themfelves, or by any other per-
c 13. * fon ^f perfons whatfoever employed by him, her, or them, or
for his, her, or their benefit, to retale any brandy, rum, arrack,
ufquebaugh, geneva, aqua vita^ or any other diftilled fpirituou
liquors or ftrong waters unmixed or mixed with themielves or
any other ingredients, and by whatfoever name or names thej
are or may be called, publickly or privately, without firft takiflg
out a licence for that purpofe, in manner hereafter dirednC
within ten days at leaft before he, (he, or they (hall retale the
£ime, for which he or they (hall immediately upon taking out
thereof pay down for the (ame, the fum of twenty (hillir^ in
Licence to manner following ; that is to fay, if fuch licence be taken out
coft 10 1. within the limits of the weekly bills of mortality, then fuch fi*
cence (hall be granted under the hands and fcals of two or mOR
of his Majeft/s commiflioners for the duty of excife for the time
being, and the duties for the fame (hall be paid at the chief of-
fice of excife in London^ or at any other place, and to fuch peribo
or perfons as the fiiid commiflioners for the time being, ihaU ap-
Who (hall de- point to receive the fame ; and that fuch perfons, as by the £ud
liver out the commi(rioners (hall be appointed, are hereby impowered to de-
licences, liver fuch licences to any fuch perfon or perfons, upon bis, har, or
their paying down for the fame the aforefaid fum of twenty (hil-
lings at the time of taking out thereof; but if fuch licence (hall
be taken out without the limits aforefaid, then fuch licence (hall
be granted under the hands and fealsofthe feveral collediors and
fupervifors of excife, within their refpe(5live colle<5lions and di-
(Iridls, and the duty for the fame (hall be paid by all and every
the perfons fo taking out fuch licence, at the office of excife next
adjoining to the place where he, (he, or they refpe^vely refide
or inhabit, or at any other place,* and to fuch perfons as his
Maje(ly's commiffioners of excife for the time being (hall ap-
point to receive the fame ; and fuch perfons as by the (aid com-
mifTioners (hall be appointed, are hereby impowered to deliver
fuch licences to any fuch perfon or perfons, upon his, her, or
their paying down for the fame the aforefaid fum of twenty fliil-
Management lings at the time of taking out thereof: and in cafe fuch licences
ot licences in be taken out within the limits of the city of Edinburgh^ fuch B-
^otland. cences (hall be granted under the hands and feals of two or
more of his Majefty's commiffioners of excife in Siot/andj (or
the time beiog, and the duties for the fame (hall be paid at the

chief

743-] Anno decimb fexto Georgii II. c. 8. $3

hief office of excire in Edinhirgh^ in the fame manner as is here-
3 before diredled, in regard to the licences to be taken out
rithin the limits of the weekly bills of mortality ; but if fuch
icences (hall be taken out in any other part of Scotland^ without
he limits aforefaid, then fuch licences (hall be granted under
he hands and feals of the fevefal collectors and fupervifors or
xcile in Scotland^ within their refpediive collections and diftridls,
,nd the duties for the fame (hall be paid in like manner as is
lerein before directed with regard to the licences to be taken
mt in England^ without the limits of the weekly bills of morta*
ity.

IX. And be it further enabled by the authority afprefaid^ Frefh lic^nffes
Fhat every perfon or perfons who (hall take out fuch licence, as ^^^ y^*^»
forefaid, is and are hereby required to take out ar fre(h licence
en days at the leaft before the expiration of twelve months, after
he taking out the firft licence, before he, (he, or they do pre-^
bine to offer to retale any fuch fpirituous liquors, and in the
ame manner to renew every fuch licence from year to year^
laying down the like fum of twenty (hillings for each and every
lew or renewed licence, at the places, and at the times before
aentioned; and if any perfon or perfons (hall prefume or offer Penalty 10!.
30 retale any of the faid fpirituous liquors, without taking out ^ithou** a^-
luch licence, and renewing the fame yearly, in manner afore- ccncci
Eiid, he, (he, or they (halfrefpedively forfeit and lofe the fum
often pounds for each offence ; and in cafe fuch perfon or per«
Gems (hall refufe or negledt to pay the faid fum of ten pounds^
Ae fame being lawfully demanded, it flial} and may be lawfiil
for any one or more juflnce or juftices of the peace of any county,
riding, divifion, city, or liberty, upon information upon oath
being made before him or them of fiich refufal or negle(5l, by
warrant under his or their hand and feal, or hands and feals, or to be kept
to commit fuch perfon or perfons to the houfe of corredtion for to hard la«
the county, riding, divifion, city, or liberty, wherein fuch bour two
berfon or perfons (hall refide, there to remain and be kept to "*^"^^
msA labour for the fpace of two months, to be reckoned from
Ae day of the faid commitment ; and the perfon or perfons ftiall
not be difcharged until he, (he, or they (hall have paid the faid
film of ten pounds, or until the full expiration of the faid
two months.

X« And be it further enadled by the authority aforefaid. To whom
That from and after the faid twenty fifth day of March j one liccncei (hall
tHoufand feven hundred and forty three, no licence (hall bc^^***^*
iranted to any perfon or perfons wnatfoever felling by retale any
^Irituous liquors or ftrong waters whatfoever, except to fucn
perfons only who (hall keep taverns, vi<5tualiing-houfes, inns,
n)ffee-hou(es, or ale-houfes ; and if any fuch licences (hall be
mnted to any other perfons than as aforefaid, the fame are
hereby declared void to all intents and purpofes.

XI. Provided, and it is hereby declared. That nothing inProvifai
this z& (hall extend, or be condrued to enable any perfon or
lerfons to fell any fpirituous liquors or ftrorig waters by retale,

G 2» ' unlefs

84 Anno decimo (exto GeoRGII II. C. 9,— 1 1. [^JMk

unlefs fuch perfon or perfons be firft licenfed to fell ale or fpi-
rituous by two or more of his Majefty's jufticcs of the peace tor
the county, riding, divifion, city, or liberty, wherein fuch
perfon or perfons (hall fell the faid liquors, under the hands
and feals of the faid juftices.
trovifo in fa- XII. Provided always, and be it enafled by the authority,
vour of phyH- aforefaid. That this a£t, or any thing therein contained, fiiaU
cians, apothc. not- extend to any phyficians, apothecaries, furgeons, orchy-

canes,

mifts, as to any fpirits or fpirituous liquors, which they may ufe

i^miftJ in the preparatioii or making up of medicines for fick, lame, oc

None to be diftempered perfons only; and that no perfon or perfons (hall.

deeiAed re- be deemed or taken to be retaler of fpirituous liquors, who doth

SaSr ^rfcU "^^ ^y ^*""' ^^ herfelf, or themfelves, or by his, her, or their

kft thui a Servant or other perfon retale the fame, to be drank or confuin-

pint. td in his, her, or their warehoufes, florehoufes, (hops, cellars,

vaults, rooms, (hcds, or other places to him, her, or them

belonging, or- that (hall otherwife retale or fend the fame abroad

out of their faid warehoufes, (lorehoufes, (hops, cellars, vaults,.

rooms, (beds, or other places, in lefs quantities than one pint

This aa not XIII. Provided neverthelefs. That nothing in this z& con-

to aiFed re- tained (hall extend to charge with any of the duties diredted t»

talcriof raalt j,^ pj^jj^ levied, or received, as aforcfaid, any fpirits made or

J2J2|^*" 'diftilled from malt, and retaled and confumed within that part

of Great Britain called Scotland, which fpirits are commonly caU*

ed and known by the name of Jfua Vita in that part of did

kingdom, or to fubjedt the makers, fellers, or retalers thereof^

within that part of the kingdom to take fuch licences as are here"

in before direded.

CAP. IX.

An aft to enable the parifhiorters of the pari(h of Saint Botolph
AldgatCi in the city of London, to raife a certain Aim of money, ibr
payment of debts already contracted for the relief and maintenance of
the poor of the faid pari(h.

CAP. X. I

An a£t for repairing the roads leading from Marlborough through Weft*
Kennet, to Shepherds Shord; and trom the Hare andHounds m Beck* *
hampton, to the top of Cherill Hill $ and from the town of Avebory tQ
the crofs-way at Beckhampton, in the county of Wilts.

Certidn tollj granted for xi years,

CAP. XI.
jIn aS to explain and amend the laws touching the ekSions 4
members to fervefor the cotmnons in parliament^ for tbat
part of Great Britain called Scotland ; and to reftrain the
partiality y and regulate the conduSl^ of returning officers
at fuch eleSlions.

WHEREAS many returning officers of members toferveffC
the commons in parliament for that part of Great Britain
colled Scotland, have of late prefumedto a6i in a mojl partial em
arbitrary manner ^ fometimes tipen falfe pretences^ that the rolls efe*

leOors

[743*] Anno dedmo fexto Grorgii II. c. 1 1; ^^

8flf#ri of commiJllionirs for JUres were not regularly made up^ or that
hi commsjjioners for thefeveral borough intituled to vote in the choice
fa member for the rejpe^ive difiri^s of boroughs were not duly ^-
*4lid^ or were not authorized by proper commiffions^ and fometimes
nthout any pretence at ally encouraged thereto from hopes ofimpuni^
r, by reafon that the laws in being have either provided no fufficient
umjbment for fuch offences ; or where penalties areprovided^ it has
ten found by experience to be extremely difficulty and fcarcely poffible
9 neover-them j for remedy thereof, be it enadted by the King's Part of the
acrfl excellent majefty, by and with the advice and confent of ^ »* Ann-
be lords fpiritual and temporal, and commons in this prefent ^v* ^' ^' ^'^
arliament aflemblcd, and by the authority of the fame. That ed. ' ^* ^^
> much of an a6t of parliament made in the twelfth year of the
Dgn of her late majefty Queen Jnne^ intituled. An a^ for the
ftur regulating the ele^ions of members toferve in parliament for
bat part of Great Britain called Scotland, as enadts. That no
erfon or perfons, who have not been inrolled, and voted at
)nner elections, (hall, upon apy pretence whatfoever, be in-
olkd, or admitted to vote at any election, except he or they
irft produce a fufficient right or title to qualify him or them to
ote at that election, to the fatisfadlion of the freeholders for-?
[lerly inrolled, or the majority of them prefent, and ordains
he returning officers to make their returns of the perfons eledled,
vy Che majority of the freeholders inrolled, and thofe admitted
ly them, referving always the liberty of obje(5ling againft the
iciibns admitted to, or excluded from, the roll as formerly^
hall be and is hereby repealed.

II. And whereas the rolls of dehors of commijjioners toferve inpar^
muntfor the feveral Jhires and Jiewartries within that part of
3rcat Britain called Scotland,^ AJt;^ notj in every one ofthefatd
hireSy and Jiewartries^ been made up every year^ at the MichaeU
tfas bead courts^ purfuant to the diredJions of an a& of parliament
node in that part ^ Great Britain called Scotland, in the year one
boufand fix hundred and eighty one^ intituled^ An adt concerning;

he eledion of commiflioners for (hires; for remedy thereof, ^.""^^j J
md the more effedually to carry the good intentions of the (aid ^nrthcncd *
iftjpto. execution; be it enadled and declared- by the authority '

forefaid. That fuch pcrfonsas ftand upon the roll laft made up
\j the freeholders, whether at the Michaelmas meeting, or at the
m election of a member to ferve in parliament, (hall be the o-
%inal conftituent members at their next Michaelmas meeting,
ir meeting for eIe<5tion, to revife the faid roll.

III. Provided always, and be it enaded by the authority a- Frccholderf
MTcfaid, That it (hall and may lawful for any freeholder ftand- mayobjca.
ig upon the roll, to obje<5t to the title of any perfon who ftaqds

t prefent upon the roll laft made up, and for that purpofe to
pply at any time before the firft day of December, which (hall
e in the year of our Lord one thoufand feven hundred and
aty threat by fununary complaint to the court of fcftion, who
lali grant a warrant for fummoning fuch perfons upon thirty
m oQCict to anfwerj wd ihall proceed in a fummary way, to
^ G3 hear

8$ Anno decimo fcxto Georgii II. c. ii.

hear and determine upon fuch complaint ; and if no fui

plaint (hall be exhibited within the time aforefaid, the;

that cafe no freeholder, who at prefent (lands upon the

made up in the faid counties and ftewartries refpedtive

be ftruck off or left out of the roll, except upon fuffic

jedlions, arifing from the alteration of that right or title

tpc& of which he was inrolled, fuftained by the other fre

(landing upon the faid roll.

Manner of IV. And be it enadted by the authority aforefaid, T

aftinp when -j^y Michaelmas meeting, or meeting for eledion, an;

clafms to be ^l^iniing to be jnrolled, (hall by judgment of the freehc

ijirolle4. refured to be admitted, or if any perfon who (lood i

roll (hall by like judgment be ftruck o(F, or left ou

roll ; it (hall apd may be lawful for him or them who

fuied to be admitted, or whofe name is fo ftruck off oi

of the roll, to apply (fo as fuch application be made wit

kalendar months after their being fo refqfed, ftruck ofl

out) by fummary complaint to the court of feflion, v

grant a warrant for fummoning the perfon or pcrfo

whofe objcdlion or objedlions he was refufed to be adn

was ftruck oflfor left out as aforefaid, upon thirty da]

to infwer, and (hall proceed to hear and determine iii

iTiary way on fuch complaint ; and if any perfon (hall be

whofe title (hall be thought liable to objedlion, it (hallan

lawful for any freeholder ftanding upon the faid roll (

fiich freeholder was prefent at the meeting or not) wh

If anvfrce- h^nds that fuch perfon had not a right to be inrollcd,

holder ob-" 5n like manner by complaint to the court of fe(rion, fo

jedh» appeal application be made within four kalendar months after

>nay be madt yoimcnt ; and the (iaid court, after fervice of fuch comp

tothe court of ^j^*^ j^yg notice, upon the perfon faid to be wrongfull

T^^^' ted to the roll^'fliall in manner aforefaid hpar and det

iand if no fiich complaint (hall be exhibited within the

forefaid, the freeholder inrolled (h^ ftand and contin

the roll until an alteration of his circumftapces be allow<

freeholders at a fubfequent Mtchaelmas meeting, or me

cleflion, a$ a fufficient caufe for ftriking or leaving hii

the roll.

. f ^* ^"^ ^^ '^ enadljcd by the authority aforefaid, 1

^crrsnot'* ?"y ^^ ^]^^ aforefaid cafes the judgment of the court.

obeying the (hall alter or reverfe the determination of the mcetin

court of fef- freeholders, by direfling that any perfon (hall be add<

(Jop. expunged from; the roll of eleAion, the (heri(F or

clerk Siall, upon prefenting to him the extract of fu(

ment, forthwith make the alteration thereby dire<Sle<

books that are kept by him ; and in cafe of his reftifal

he (hall forfeit the fum of one hundred pounds fterlin

perfon in whofe favour the judgment of the court of

given, to be recovered by him or his executors in the

^crein after diredled.

yL And be it further enadled by the authority s

2

1743-] Anno dccimo fcxto Georgii II. C. iiV 8y

That if the judgment of the freeholders refufing to admit, or Entity on ap-
ftriking off any pcrfon from the faid roll (hall be affirmed hy P*^"^^V'fef *
the court of feffion, the perfon fo complaining (hall forfeit to f^ affirm th«
theobje£tor the fum of thirty pounds fterling, with full cofts of freeholders
fuit. order.

VII. And be it enadled by the authority aforefaid. That to MannerofaA.
prevent all furprize at the Muhaelmas meetings, every freehol- ing to prevent
dcr who intends to claim to be inrolled at any fubfequent Mi- furprize, on
tbaelmas meeting of the freeholders, (hall, for the fpace of ^wo ^J^5^jJ^^^[^^
kalendar months at leaft before the faid Michaelmas meeting, inrolled^ ^
leave with the (heriflf or (leward's clerk a copy of his claim, fet-

ting forth the names of his lands, and his titles thereto, and dates
thereof, with the old extent or valuation, upon which he de-
fires to be inrolled, and in cafe of his negle<3 to leave his claim
as aforefaid, he (hall not be inrolled at fuch Michaelmas meeting ;
and in like manner, whoever intends to objeA to any freehol- or on making
der who (lands upon the roll, on account of the alteration of o*>i«^<>n»*^
his circum(hnces, (hall, at Icaft two kalendar months before the PJJ^J^'^*^^
Muhaelmat meeting, leave his objedtions in writing with the
iheriff or fteward*s clerk as aforefaid, who is hereby required,
upon receipt of the aforelaid claim or objections, to indorfe on
the back thereof the day he received the fame, and alfo to give a
copy of the aforefaid claim or objections to any perfon who (hall
demand the fame, upon paying the legal fee ot an ordinary ex*
trad of the fame length*

VIII. Jnd whereas great d^culties have occurred in making up
the rolls of eleSlors of comtnijjioners for Jbires^ by perfons claiming to
be snrollea^ in refpe^ of the old extent of their lands ^ where the old
ixUnt does not appear from proper evidence^ and votes have^heen un^
duly multiplied by fplitting and dividing the old extent of landsj fmce
tbi fixteenth day of September, one thoufand fix hundred and eighty

tni\ for remedy thereof, be it enaCled and declared by the au- Divifion oJF-

thority aforefaid. That no peHbn is or (hall be intitlcd to vote ^^e old extent

for a commiffioner to fervc in pariiament, for anv (hire or fte- mulriply elSft-

wartry in that part of Great Britain called Scotland^ or to be in- ortprombitci

rolled in the roll of eledtors, in refpedt of the old extent of his

lands, holden of the King or prince, unlets fuch old extent is

proved by a retour of the lands of a date prior to the fixteenth

day of September^ one thoufand fix hundred and eighty one, and

that no divifion of the old extent, made fince the aforefaidTix-

teenth day of September j one thoufand fix hundred and eighty

one, or to be made in time coming, by retour or any other

w^, is or (ball be fuilained as Sufficient evidence of the old

patent.

IX. Provided always. That lands holden of the King orProvifq.
prince, liable in publick burdens for four hundred pounds Scots

of valued rent, (hall in all cafes be a fufficient qualification,
whatever be the old extent of the faid lands; any law or prac-
tice to the contrary notwithfianding.

X. And be it further enacted by the authority aforefaid, hov a oar-
That no puriphafer, qr fingular fucceiTor. (hall be inrolled till chafer (hall a&

G4 »»»ayr*

88 Anno dedmo iexto Georgxi IL cii; [i743*

alfo an heir ^^ ^ publkkly infeoft, and his feifin regiftered, or charter of
nppaient. confirmation be expede where confirmation is neceflary, one
Perfonsmay year before the inrolment; and that no heir apparent (hsill be
fend their mroUed, until his predece(Ibrs titles are produced, and allowed
b^^inrolicd* by the freeholders, as a fufficient qualification for his voting for
tho, abfent. ^ member of parliament; and that any perfon may be inrolled,
though abfent at the time of fuch inrolment, provided the titles
and vouchers of his qualification are produced, and laid before
the freeholders ; and if any perfon (hall be chofen a member to
ferve in parliament for any (hire or ftewartry within that part of
Great Britain called Scotland^ who (hall not be prefent at the
meeting of election; be it ena£ted by the authority aforefaid,
That the member to ferve in parliament fo ele^fted, before he
Every one ^^^^^ ^^^ ^^^^ ^^ parliament, (hall take the oath appcnnted to
chofen in his be taken by every freeholder, who (hall claim to vote at anv elec-
abicnce, to ^ion of a member to ferve in parliament, by the a<5t of the (eventh
ff^*^ ' t ^(hail y^^^ ^^ ^*^ prefent Majefty, intituled, Jn aff for the bettir ngu^
takcThc free- "^^i^i '*^ ek^ion of members to ferve in the houfe of commons^ for
holder's oath, that part of Great Britain called Scotland; and for irtcapaciMmg
before he takes the judges of the court of fejfton^ court of jujliciary^ and barons efm
hi« («a^* court of exchequer in Scotland, to he eklfea^ or to fit or vote as ifiembm

7Gco.».c.ib. ^ ^^^ ^^j.^ ^^ commons^ before the lord (teward of his Majd^/s
hou(hold, or any perfon or perfons authorized by him for that
effedt, which he or they are hereby impowered and required to
On refufing adminifter; and if a member to ferve in parliament, fo eleAed»
the oath, the (j^jjij negleft or refufe to take the aforefaid oath, fuch ele^oa
clSdvota: <h3llbevoid.

XI. And be it further enadled by the authority aforefaid,
^? *^Vo°n^ ^^^^ *^ ^^^ annual meetings of the freeholders at Michadmas^
ftkucnt mem- ^^ original conftituent members (hall be fuch perfons only as
ben. Aiall (land upon the roll, that (hall have been laft made up, whe-

ther at a Michaelmas meeting, or at a meeting for an election of
a member to ferve in parliament, and that a copy figned and ex-
traded of the roll made up by the freeholders at their Michael-
. ^ mas meetings, or meeting for eledions, together with the minutes
proceedings to o^ their proceedings at their faid meetings, (hall, by the refped-
bs entered in ive clerks of fuch meetings be forthwith delivered to the (heriflF
bookskept by or fteward's clerk gratis^ and (hall be inferted in books to be
♦he flieriff or fcept by the faid (heriff or fteward's clerk for that purpofe, who
clcTk * ^^^' forthwith deliver copies of the fame, extraded and figned,
to any freeholder who (hall defire the fame, paying the legal fee
for an ordinary extradl of the fame length, and (hall at every
Minute-book^ fubfcquent meeting at Michaelmas^ or meeting for any elcAion,
to be produced produce the faid books, for the ufe of the freeholders ; and in ca(c
at pubKck fuch (herifi^or fteward's clerk ftiall negleiftor refufe to enter the
meetings. aforefaid rolls of eledtion, or minutes of proceedings, into books
fo to be kept for that purpofe as aforefaid, or (hall negle6l or re-
fufe to give copies thereof, extra6led and figned, or (hall omh
tp produce the books at any fubfequent meeting as aforefaid, he
Penalty on (hall for every fuch offence forfeit the fum of one hundred pounds
refusal. fl:crling, to be recovered by any freeholder, within fuch ihire or

ft?-

1743*] Anno decimo fexto Georgii II. C. i x J 89

ftewartiy, mho (hall fue for the fame, in fuch manner as is
hereafter direfied; and if the aforefaid principal books, contain-
ing the rolls and minutes as aforefaid^ (hall not be produced at
the Michaelmas meetings, or meetings for eledtion, a copy of the
iaid roll and minutes, extraded and figned by the (herifi or fte-
ward's clerk^ (hall be fufficient; and if the (heriff or fteward's P?'!*'*^-®"
clerk (hall give out falfe copies of the faid roll or minutes, cx-g^^l^^^^
trailed and (igned by him, he (hall for every fuch offence fprfeit mmutw*
the fum of one hundred pounds fterling to the perfon to whom
the falfe copy is given, to be recovered by him or his executors^^
in the manner herein after diredted, and (hall be for ever after
incapable of holding or enjoying his^ faid office.

XII. And be it further enaded by the authority aforefaid, xhe r<A\ of
That at every eledion of a commiffioner to ferve in parliament eledors laft
for any (hire or ftewartry, within that part of Great Britain called made up, ihall
Sidtlandy the roll of eleaors which (hall be laft made up hy^^^^^^^
freeliolders, whether at the Michailmas meeting, or at the laft *^ *
dedtion of a member to ferve in parliament, (hall be the roll to

be called over by the commiflioner laft eleded, or in his abfence
by the (heriff or fteward's clerk, in order to the eledion of prefes
and clerk, as alfo by the prefes, after he is chofen, for the choice
of the member to ferve in parliament, and for the determination
of all the queftidns that (hall arife in the adjufting the roll, an^
in the couife of the eledtion, excepting fo far as the faid roll (ha]}»
after the meeting is duly conftituted by the choice of prefes and
clerk, be altered by judgment of the majority of the freeholders
ftanding on that roll, by leaving out thofe whofe circumftances
are altered, and by adding others, who produce proper titles.

XIII. And be it furtli^r enacfted by the authority aforefaid, P^alty for
That at every meeting for an eledtion of a commiffioner to ferve **1""K ^*^
{n parliament, if the commiffioner laft eledted, or in his abfence^'®***'

the (heriff or fteward's clerk, (hall; in the choice of prefes or
clerk, receive the vote of any perfon that does not ftand upon
the faid roll, he (hall, for every fuch offence, forfeit the fum of
three hundred pounds fterling to every candidate for the office
of prefes or clerk refpedlively, for whom fuch perfon (hall not
have given his vote, to be recovered by him or them, his or
their executors refpedtively, in manner herein after direAed;
or if the commiffioner laft eleded, or in his abfence the (heriff Penalty on re-
or fteward's clerk, (hall, in the choice of prefes or clerk, not fufiog good
call for, or (hall refufe the vote of any perfon whofe name is ^®'***
upon the faid roll, he (hall, for every fuch offende, forfeit the
like fum of three hundred pounds fterling to the perfon who(€
name (hall not be called for, or whofe vote (hall be refufed, to
be recovered by him, or his executors, in the manner herein after
direded; and if the prefes after he is chofen (hall, in the election
of the member to ferve in parliament, receive the vote of any
perfon who does not ftand upon the roll duly made by the faid
meeting, he (hall, for every fuch offence, forfeit the fum of two
hundred pounds fterling to every candidate for whom fuch pcr-
'foa (hall not have given bis vote, to be recovered by him, or

bis
6

90 Anno dcclmo fexto Ge6rgii II. c.ii. ['74^.*

his executors, in the manner herein after direAed; or if the
prefes after he is chofen (hall, in the eleAion of the member
to ferve in parliament, not call for, or (hall refufe the vote of anv

Eerfon whofe name is upon the faid roll To made up, asafbrefaid,
e (hall, for every fuch offence, forfeit the like fum of two hun-
dred pounds fterling to the perfon whofe name (hall not be called
for, or whpfe vote (hall be refufed, to be recovered by him, or
On equality of his executors, in the manner herein after dire6led: and it ij
votes, in chuf. hereby declared. That in cafe of equality of votes in the choice
ing * <^*fjrk, ©f prefes or clerk, the commiflioner laft eledled, and in his ab«
the caftiiig ^^'^"^^ any freeholder prefent who laft reprefentcd the (hire or
vote. Aewartry in any former parliament; and if no fuch pcarfon is

prefent, the freeholder prefent who pre(ided laft at any meefing
for any eleflion, and in his abfence the freeholder who laft pre-
fided at any Michaelmas meeting; and if none of the (aid perfons
(hall be prefent, the freeholder prefent who ftands firft on the
roll, (hall, befides their own votes as freeholders, have thecaft-
ing and determining vote, and that the prefes chofen, (hall, af-
ter his elciftion, in the choice of the commifTioner to ferve in
parliament, and all other queftions, where the votes are equal,
m like manner, befides his own vote as a freeholder, have the
caftin^ and determining vote.

XI V. And be it further ena<!led by the authority aforeiaid.
That the perfons chofen to be prefes and clerk, by the majori-
ty of the (reeholders prefent, ftandin^ on the faid roll, (hall be

S^^'^'^f A V^^^^^ ^^^ ^^^^^ °f *^^ meeting for fuch ele6lion; and it (hall
^•Tlfcmaiori-^o^ ^^ lawful for any number offreeholders to feparate from the
ty of free. majority of the perfons prefent, who (land upon the faid roll,
holders, no and fet up any perfon as prefes or clerk, other than thofe who
^^^u^^^L ^a" be chofen by the majority of the freeholders prefent, (bnd-
SlotiSer. ing ^^ ^^e faid roll, and that it (hall not be lawful for any per-
fon to a6t as prefes or clerk at ahy fuch elefliqn, unlefs they are
chofen by the majority of perfons ftanding on the faid roll; and
Penalty on (e- every freeholder who (hall fo feparate from the majority of the
parating from freeholders on the roll, and fet up any perfon as prefes or clerk,
the freehold- Qj^^r than thofe who (hall be chofen by the majority, as afore-
*"• faid, he (hall for every fuch offence forfeit the fum of fifty

pounds fterling, to the candidate who (hall be chofen by the
majority of the freeholders from whom fuch feparation was
made; to be recovered by him, or his executors, in the manner
herein after dirc6^cd : ana if any perfon prefume to ad as prefes
Penalty on or clerk, who is not chofen by the majority of the freeholders
•aing as prefent (landing on the faid roll, he (hall, for every fuch offence,
Mvauthor^^^^ the fum of two hundred pounds fterling to the candidate

who (hall be chofen by the majority of the freeholders, as afore-
faid, to be recovered by him, or his executors, as herein after
directed.

XV. And be it further enafted by the authority aforefaid.
Minutes of 'YY\2i the commilTioncr laft eleded, or in his abfence the ftieriff
df rkTo be or Reward's clerk, ftiall fign the minutes of the eleaion of pre(es
Lncd, and and clcrk, and deliver the fapic to the clerk chofen by the ma-
jority

1 743.] Anno decimo fexto Georgii IL ci i. 91

lority of the freeholders, as aforefaid; and if the commiffioner deCveredto
Jaft clewed, or in bis abfcncc the (herifFor fteward's clerk, (hall ^be clerk
neglcft or refufe to fign the aforefaid minutes of ele<Aion of prefes ^***^*'**
and clerk, and deliver the fame to the clerk chofen, as aforefaid,
or (hall fign falfe minutes thereof, he (hall, for every fuch offence. Penalty on re-
forfeit the fum of one hundred pounds iierling to the perfon e- facing to fign,
leded prefes, as aforefaid, to be recovered by him, or his exe- ^^^ fijpunif
cutors, in the manner hereafter dire&ed. ^ minutet.

XV L And be it further enabled by the authority aforefaid. Clerk to make
That the clerk chofen by the majority of the freeholders on the » ^"*uc return,
aforefaid roll, (hall return to the (heriff* or (leward fuch perfon
as (hall be eleded by the majority of the freeholders on the roll
made up at the meeting for ele^ion, in the manner aforefaid i p ,
and if the clerk chofen, as aforefaid, (hall refufe or negledt to ftSn *^o " ^
return the perfon eledted by the majority of the freeholders on makmgYfaUf
the roll, made up at the meeting for eleaion, or (hall return any oi^e.
perfon other than him who (hall be elected by the majority of
the freeholders as aforefaid, he (hall, for every fuch offence,
inftead of the penalty or forfeiture to which he is made liable by
the aforefaid ;i<5t made in the feventh year of his prefent Majeffy,
forfeit the fum of five hundred pounds fterling to the candidate
cho(en by the majority of the freeholders on the aforefaid roll;
to be recovered by him, or his executors, in the manner herein
after dire<5ted.

XVII. And be it further enabled by the authority aforefaid, j>^^ return
That every (herifFor fteward, of any (hire or ftewatry, within to be annen^
that part of (Sreat Britain ciihd Scotland^ upon producing totothewri^
him a copy of the aforefaid roll hfl made up by the freehoU
ders at th^ laft JkEchaelmas meeting, or at the laft eledtion of a
member to (erve in parliament, extradled and figned by the
(heriff or fteward's clerk, and upon producing and (hewing to
him the original minutesof the eledtion of pre^s and clerk fign-
ed by the commifTioner laft elected, or in his abfence, by the
Sheriff' or fteward'$ clerk, (hall annex to the writ the return
made by the clerk chofen by the majority of the freeholders on
the aforiefaid roll ; and if any fuch (heriff or fteward (hall neg-
lect or refufe to annex to the writ fuch return, or if he (hall an-
nex to the writ the return made by any other perfon pretending
to be clerk to the ele<flion ; he (hall for every fuch offence, in-
ftead oT the penalty or forfeiture to which he is made liable by Penalty.
the aforefaid a£t made in the feventh year of his prefent Majei-
jty, forfeit the fum of five hundred pounds fterling, to the per-
fon returned by the clerk, and chofen by the majority of the
freeholders on the aforefaid roll, to be recovered by him or his
executors, in the manner hereafter 'direcSted.

XVIIL And be it further enadled by the authority aforefaid, When the
That every (heriff or fteward of any (hire or ftewartry, within Michaclmaf
that part of Qreat Britain called Scotland^ (liall hold tlic MichasU ^^^^Xm,
mas head court in all time toconfte, on the day on which it (hall ^

appear to him to have been moft ufually held in times paft ; and
Co prevent sdl uncertainty in time coming, every (heriff or ftew-

ard

92 Anno decimo fexto Georgii IL c. it. [i74J«

ard (hall at leaft fourteen days before Afubaelmas next, appoint
a precife day for holding his Michaelmas head court, in the year
To be ind- one thouiand feven hundred and forty three ; and (hall caufe in-
inatediii pa- timate the day of holding his court at ail the parifh churches
"^^f da S- ^'^^""^ ^^^ ^^^^ '^'''^ ^^ ttewartry upon a Sunday^ at Icaft eight
^^ ^' ' days preceding the next Michaelmas head court : and it is hereby
declared. That the days fo to be appointed by the faid Sheriff or
fteward before Afubaelmas next, (hall be the anniverfary for
holding the Michaelmas head court of the faid (hire or (lewartry
in all time coming.
Ufage of the XIX. jtnd whereas by the conjlitution if the Jhire of Sutherland,
Aire of (ind by constant ufage ^ the fmall barons of the faid Jhire have been re^

Sutherland, prefented in parliament^ not only by the immediate vaffals of the King
end prince^ but alfo by thofe who held their lands of the earls of Sii"
tberland, orofotherfubjeHfuperiors^ and fuch vaffals holding their
lands of fubje^ fuperiors^ have been in ufe to vote at the election of
the commiffioners for the faid Jhire <?/ Sutherland, as well as the vaf-
fals of the King and prince^ and that without any reflriRion as to the
Quota of the old extent^ or of the valued rent of the lands^ in ref
pe£l whereof a right to vote at fuch eleSfionSj or to be ele^ed comfmffi^
murfor the [aid Jhire was claimed^ and thereby votes have been undu^
ly multiplied^ andfeveral perfons have claimed a vote in refpeH of the
fuperiority and property of the fame lands j whereby great conjufions
are likely to enfue in future ele^ions ; for remedy thereof, be it fur^
ther enaded by the authority aforefaid, 7^hat from and after the
^^S?^" firft day of September^ which (hall be in the year of our Lord
J^^j^J^SnT* ^^'^ thoufand feven hundred and fortv five, no perfon (hall be
-capable to be eledled commi(rioner (or the faid (hire, or (hall
have Tight to vote at fuch election, unlefs he be infeoft, and
in poflefTion of lands liable to his Majefty's fupplics, and other
publick burthens, at the rate of two hundred pounds £r^/ivalu-
ed rent.

XX. And be it further enabled by the authority aforefaid.
That one perfon, and no more, (hall be intitled to vote at fuch
C d'd te$ clc^ions, or to be ele<5)ed, in refpcdt of the fame lands ; and
and elcaors ^^^^ where lands are now holden by any baron, or other free-
to hold their holder, immediately of the King or prince, fuch baron or free-
lands imrne- holder (hall be capable to be elected, and (hall be intitled to
fbc^Kin or ^°^^ ^^^ ^^^^^ '^"^^ • *"^ "° vafTal, or fub-va(ral of the faid
prince."^ ^ baron or freeholder, Ihall have right to vote, or to be elected in
refpedt thereof; and that where lands are now holden, or (hall
In what cafct at any time hereafter be holden of the King or prince, by a peer
^PJWJ^?[*of other perfon, or body politick or corporate, who by law are
^ ^ ^ * difabled to be a member of the houfe of commons, or to vote
in fuch elections \ in fuch cafe the proprietor and owner of fuch
lands, and not any of his fupcriors, (hall be intitled to vote, or
to be eledted, in refpeA of the fame lands ; and that no aliena-
tion of the fuperiority to be made by fuch peer, or other per-
fon, or body politick, incapable to ele<5t or to be eledted, (hall
deprive the proprietor and owper of the lands of his right to

1 743-1 Anno decimo fexto Georgii II. c. 1 1» g^

vote in the eledions for the faid (hire, or his capacity to be
cle<5led ; nor intitle the purchafer of the faid fuperiority to vote,
or to be ele(£ted ; and that the property of lands, of the valua- Lands held
tion aforefaid, holden in part immediately of the King or prince, j^rt of the
and in part of a peer, or other perfon, or body politick, incapa- J^'/^^^
bic to elca, or to be eleded, (hall be a fufficient qualification §fc. £m^*
to the proprietor and owner of fucb lands, and (hall entitle lify the owner
fuch proprietor to vote, and to be elcfted for the faid (hire ; any to elcft or
law or uiage to the contrary notwithftanding. ^ elc6led

XXI. And be it ^naSed by the authority aforefaid. That vviien free,
the freeholders and proprietors, having right to eled, x>r to be holdert in te«
eledled a commi(fioner for the (hire of Sutherland, (hall meet at therland (hail
the head borough of the faid (hire, at the Afubaelmas head court «nc«t and
which (hall be in the year of our Lord one thoufand feven hun- "*^ ^nH*
dred and forty five, and (hall make up a roll of the ele<5tors
having right to vote in the choice of a commi(noner, in the terms
of this prefent a<5t, and of the other a<5ts of parliament, made
touching the elcdion of commiflioners for (hires in Scotland ;
and which roll, fo made up, (hall be revifed yearly at the Aii-'
€bailmas meetings, at and after ele<fiions, according to the rules
prefcribed in this a<5t, and in other a6ts made for regulating the
ele6tions of commiflioners for (hires in that part of Great Britaim
cMed Scotland : and it is hereby declared. That the faid aAs
of parliament do extend to the (hire of Sutherland as well as to
the other (hires in Scotland, except in fo far as it is otherwife
provided by this prefent acft.

XXII. yfnd whereas at the eUliion of member s to ferve in parliament
for the diflri^i of boroughs in that part of Great Britain called
Scotland, // often happens that more perfons than one claim to be ad*
mitted to vote as commijjioners for the fame borough, which furnijbes
pretences to the clerks of the prefiding boroughs for partially making
falfeand undue returns ; for remedy thereof, be it enadled by the
authority aforefaid. That at the annual eledion^of magiftrates
and counfellors, and in all the proceedings previous to the elec- "^f^"^**.
tion of the magiftrates and counfellors for the fucceeding year, n^tnoritYftall
it (hall not be lawful for the minority of any meeting for eledion, not feparate
either of magiftrates or counfellors, or deacons, 6r other per- from the nuu
fons, who by the conftitution of the refpeflive boroughs may joritjr.
have votes in the eledion of magiftrates or counfellors, to fepa-
rate from the majority of thofe having right to a<5l by the confti-
tution of the burgh at fuch meetings, upon any pretext whatfo-
ever ; nor to make any feparate election of magiftrates, coun-
fellors or electors ; but the minority (hall in all cafes fubmit to
the eleiSlion made by the majority in all the parts of election ;
and if any perfon eleded by the minority of any fuch meeting;. Penalty oa
(hall pre(ume to vote in the election of magiftrates or counfel- offcndcn.
lors,* or inleeting the magiftrates or counfellors, or in any other
fiep of the election, he (hall forfeit the fum of one hundred
pounds (lerling to any one of the majority of fuch meeting, to
be recovered by him in the manner hereafter directed.

XXIII. And be it further enaSed by the authority aforefaid.

That

94 Anno decimo fexto Georgii It. c.if. [^743-

No perfon TBat no perfon eledled to be a magiftrate or counfellor by a mi-
deacd bythc nority of thofe having right to vote in elections of the magidrates
JKve a nght *"^ counfcllors, (hall, upon any pretext whatfoever, prcfumc
to ad. to aift as magidrate or counfellor, and if any perfon (hall not-

Penalty on withftanding prefume to a£t as magiftrate or counfellor, he (hall'
maing when for every fuch offence forfeit the lum of one hundred pounds
lb chofen. fterling, to the magiftrates or counfcllors eledled by the majo-
rity, dr to any of them who (hall fue for the fame, to be reco-
vered by him or them in the manner herein after direAed^
Wrongs done XXIV. Provided always, and it is hereby declared and cn-
hy the roaio- a6ted. That it (hall and may be lawful to and for any conftitu'*
wSrcff^by ^^^ member at any meeting for cledtion of magiftrates or coun-
the court of fellors, or of any meeting previous to that for the election of
leflioa. magiftrates and counfcllors refpedtively, who (hall apprehend

any wrong to have been done by the majority of fuch meeting,
to apply to the faid court of feftion, by a fummary complaint
for redlifying fuch abufc, or for making void the whole election
made by the faid majority, or for declaring and afcertaining the
election made by the minority, fo as fuch complaint be prefent-
ed to the faid court of fefTion within two calendar months after
the annual ele<5lion of the magiftrates and counfcllors i and the
faid court (hall thereupon grant a warrant for fummoning the
magiftrates and counfcllors ele<aed by the majority, upon thirty
days notice, and (hall hear and determine the (aid complaint
fummarily, without abiding the courfe of any roll, and (hall
allow to the party who (hall prevail their full cofts of fuit.

XXV. And whereas the magijhates and counfellors of the royal
boroughs in that part ^ Great Britain called Scotland, by virtue of
feveral laws now inforce^ are bound to take and fabferibe the oath of
allegiance^ fubfcribe the ajfuranccy and to take and ftgn the oath ofcS'
juration^ for and on account of their ele^ion into their refptffvoe
offices J and that in his Majefty's courts offejjion^ jujliciary or excbe^
quer at Edinburgh, or at the quarter fejftons of the refpe^ive /hires
and JlewartricSy luithin which the royal boroughs arejituate^ which
has been found by experience to be attended with great trouble and
expence to the faid magifl rates and counfcllors j for remedy thereof »
^ ffi, ^ '^ ena<5led by the authority aforefaid. That it fliall and may

mS^tl ^ lawful to the faid magiftrates and counfcllors to take and fub-
and counfd- fcribe the oath of allegiance, fubfcribe the a(rurance, and take
lors tekingthc and fign the oath of abjuration, before tjie council of their rcf-
fefcral oatht peflive boroughs ; and which oaths the chief magiftrate, or any
other magiftrate of the faid boroughs refpedively, is hefieby
impowercd and required to adminifter j and the oaths fo taken,
(hall be equal in all refpe(fls as if they had been taken in the
courts, and before the judges direfled by the feveral afts of par-
liament above referred to.
The clerk to XXVI. And be it enafted by the authority aforefaid, Th^l
nSffiorT a^id" *^ ^^^^^ cleftion of commi(rionersfor choofing burgeflfes for any
fix the fcalof diftrift of boroughs in that part of Great Britain called Scotland^
the borough, the common clerk of each boroilTgh within the faid diftrid, (hall
make out a cojiimi(rion to the perfon chofcn commilTioner by

.the

1743*1 Anno dcdmo fexto Georgii II. c. ii. 95

the major part of the magiftrates and town council afiembled

for that purpofe ; which magiftrates and town council (hall take

the oath of allegiance, and &gn the fame with the aflurance,

and (hall take all the other oaths appointed to be taken at (uch

election, by this or any forager aA, if required $ and the laid

clerk (hall affix the common feal of the borough thereto, and

fign fuch commiffion, and (hall not on any pretence whatfoever

make out a commiiTion for any perfon as comroifTioner, other

than him who is chofen by the majority as aforefaid ; and if any

common clerk of any borough ftiall negledt or refufe duly to

make out and fign a commilTion to the commi(noner eleSed by

the majority as aforefaid, and affix the feal of the borough

thereto ; or if he (hall make out and (ign a commi(&on to any

other perfon who is not chofen by the majority, or affix the *

common feal of the borough thereto ; he (hall for every fuch of«-

fence forfeit the fum of five hundred pounds fterling to the per«

fon eleded commiffioner for the faid borough as aforefaid, to be

recovered by him or his executors in the manner herein after di-

reded, and (hall alfo fu(fer imprifonment for the fpace of fix

calendar months, and be for ever after difabled to hold or enjoy

the faid office of common clerk of ^tbe faid borough, as effedtu-

ally as if he was naturally dead.

aXVII. And be it further ena£led by the authority afore(aid, Penalty on
That if any other perfon who is not the common derk of the any perfon
borough, (hall take upon himfelf to a6t as fuch 'in any eledlion *^ng as clerk
of a commiffioner for choofing a burgefs for any diftnd of bo- ^"^ "**'"!¥,
roughs in that part of Great Britain called Scotland^ and fl^allcomSffiww.
make out a commiffion for any other perfon as commiffioner,
other than the perfon who was chofen by the majority as afore-
faid, and (hall fign or affix the common feal of the borough
thereto ; he (hall for every fuch oflfence forfeit the fum of five
hundred pounds fterling, to the perfon eledted commiffioner
for the faid borough as afore(iud, to be recovered by him or his
executors in the manner herein after diredted.

XXVIII. And whereas by an aSl pajfed in that part of Great
Britain eaUed Scotland, the fifth day ^February, in the year one
tbmfand feven hmdred and Jeven^ intituled^ An aA fettling the
manner of electing the fixteen peers, and forty five commoners,
to reprefent Scotland in the parliament of Great Britain ; // is
amongjl other things enabled. That where the votes of the commijfi-
$nersfor the faid boroughs met to ehoofe repr^entativesfrom their fe-
veral dijhi^s to the parliament of Great Britain, jlxill be equal ;
in that cafe^ the prefident of the meeting Jhall have a cajling or deci*
Jive vote, and that by and at tour his vote as a commiffioner from the
borough from which he isfent^ but no provifion is made tn cafe of the ab-^
feme of the commijjioner fr4m the prefiding borough^ or of his refufing
to vote at fuch ele^ion 5 for remedy thereof, be it enaded by the
authority aforefaid. That if the commiffioner frpm the prefiding ^^^JV c" ^%
borough (hall be abfent from the meeting of commilTioners for i]Je prefiding
choofing burgeiles to ferve in parliament, or (hall refufe to vote commiiTioiH
at fuch ckjiion, the commiffioner from the borough which wasers.
' ^ , ' ihc

$6 Anno decimo fexto GsoRQit IT. C ii* [1743.

the prefiding borough at the laft ele^on ; and if he alfo be ibrent^
or mall refufe to vote, as aforefaid, the commiffioner from the
borough which was the prefiding borough at the eledlion imme^
diately preceding the laft, and in cafe he (hall be like wife abfent,
or (hall refufe to vote as aforefaid, the commiflioner from the
borough which was the laft prefiding borough but two, (hall
have in the aforefaid refpedive cafes, befides his own vote, the
cafting or deci(ive vote.
Ko olfeaion XXIX. And be it further declared by the authority aforefaid,
■gainft non- That it is no objedtion to any commiffioner for chooiing a bur-
fefidentt, tec gcfg, that he is not a relidenter within the borough bearing all
portable charges with his neighbours, or that he is no tratfick-
ing merchant therein, or that he is not in polTeifion of any bur-
gage lands or houfes holding of the faid borough, and that fuch
qualifications need not be engrofled in his commilfion s any law^
Cuftom or ufage to the contrary notwithftanding.
What "votes XXX. And be it further ena<fted by the authoritv aforefaid,
fiiaUbe allow- That at all meetings of commifiioners for choofing burgefiesto
•**• ferve in parliament, the common clerk of the prefiding borough

fliall allow the votes of fuch perfons only who producecommif-
fions authenticated by the fubfcription ot the common clerk, and
the common feal of the refpevflive boroughs within the diflriA,
and (hall return to the (heriff or fteward the perfon eleded by the
major part of the commiffioners aftembled, whofe commiffions
are authenticated as aforefaid *, and if he negledt or refufe tore-
turn fuch perfons fo eleded to the (heriff or fteward, or if he
(hall return to the (heriff or fteward any perfon other than him
who is fo ele<5led, he (hall, for every fuch offence, inftead of
the penalty or forfeiture to which he is made liable by the afore-
faid aft made in the feventh year of his prefcnt Majefty, forfeit
the film of five hundred pounds fterling, to the candidate elefted
Penalty. ^Y ^^^ majority of the commiffioners aflcmbled whofe commif-
fions are authenticated as aforefaid ; to be recovered by him o^r
his executors, in the manner herein after direfted, and he (hall
Ufo fuffer imprifonment for the fpace of fix kalendar months,
and be for ever after difabled to hold or enjoy his faid office of
common clerk of the faid prefiding borough as if he was natu-
rally dead.
Writ and re- XXXI. And be it enafted by the authority aforefaid, Thit
*^Sd^*^ *"-every (heriff or fteward in that part of Great Britain called &#N
nexco. j^j^ ^^jj ^^^^j^ ^Q ij^g ^j.jj j^^ return made by the aforefaid

clerk of the prefiding borough ; and if any fuch (heriff or ftew-
ard negledi or refufe to annex to the writ fuch return, or if he
(hall annex to the writ any return made by any other perfon,
he (hall, for every fuch offence, inftead of*^ the penalty or for-
feiture to which he is made liable by the aforefaid aft made in
the feventh year of his prefent Majefty, forfeit the fum of five
•^ hundred pounds fterling to the candidate returned by theafore-

^***^^' faid clerk of the prefiding borough, ^o be recovered by him or

his executors, in the manner herein after direfted.
XXXII. Provided always. That if any perfon to whom no

com-

17430 Anno decimo fexto Georgh IL c.ii. ^j

commiflion is made out, as aforefaid, (hall infift that he was du- ProTifo.
ly cledcd the commiffioncr from any royal borough, the perfon
io claiming (hall be admitted to the meetmg of the comraifConers
for chooiing burge(rcs to ferve in parliament, and may at the
faid meeting make oSer of taking all the oaths required by law,
and declare for whom he would have voted, had he been duly
commi(noned, which oaths the clerk Of the preflding borough
is hereby required and impowered to adminifter, and the faid
clerk (hall alfo fet down in the minutes of proceedings, the de*
claration of fuch perfon as to the candidate for whom he would
have voted, had he been duly commidloned ; but the faid clerk
(hail upon no pretence whatfoevcr receive or confider fuch perfon
as a legal voter, or fuch declaration as a legal vote, at fuch e-
le(5lion.

XXXIII. Jnd whereas doubts have ariferty whether the aSl ofpjgt % Geo. s*
parliament made in the fecond year ofthereignofhisprefent Majejiy^ c. 24.
intituled^ An aft for the more effedual preventing bribery and «**endcd to
corruption in the eledion of members to ferve in parliament, jd^ f' ^
extends to the electors of commijjiomrs for chufmg burgejfes \ be it ^ ***
hereby enafted by the authority aforefaid, that the eleftors of
commi(fioaers for any royal borough, within that part of Great

Britain called Scotland^ for chooiing burgeifes to parliament, are
within the true intent and meaning of the (aid aft, to be con(i«
dered as eleftors of the member to ferve in parliament, and (hall
be fo deemed and adjudged to all intents aqd purpofes whatfo-
ever, and (hall be liable to all the proviiiohs, forfeitures, and
incapacities, to which perfons voting or claiming to vote for
any member to ferve in parliament are made liable by the faid
aft.

XXXIV. And be it further enafted by the authority- afore-
faid. That at every eleftion of commidioners for choofing bur-
ge(!es for the feveral diftrifts of boroughs in that pari of Greai
Britain called Scotland^ and at the eleftion of a burgefs to fervd
in parliament for the city of Edinburgh^ every magiftrate, town
counfellor, or perfon having or claiming to have a right to vote
at fuch eleftion, inilcad of the oath prefcribed to be taken by the
faid aft, before he is admitted to vote at the fame eleftion, (hall
take the following oath, in cafe the fame (hall be demanded by
any one of the eleftors \ and which oath any of the magiftrates,
or in their abfence any of the town council, are hereby impow-
ered and required to adminifter ;

A. B. dofolemnly fwear^ ^ai / have not direct); or indireSIIy^ Oath to be

^jMj aomiy oiUy or noie^^ or any promije oj any jum orjums oj money ^ .
g^/, plaee^ employ ment,^ or gratuity whatfocver^ either iy jiiyfeJj or
Qtiy other ^ to my ufe^ or benefit <, or advantage^ oir to the ufe^ benefit^
7r advantage of the city or borough 'of which lam ma^ijJratey counfd'-
Jor^ or burgefs y in order to give my vote dt tkisele^iony

. ' ' So help me God.
Vol. XVin. H ' XXXV. And

Oath t«be
taken by the

^8 Anno decimo fexto GEOlkcil It. c. 1 1. Ci743*

XXXV. And be it further cna<Scd by the authority afiorefaid,
That in all eledlions of commiffioners for chufin| bureefies,
and before they proceed to eleftion, the common clerk of cadi
borough (hall take and fubfcribe the oath following, which any
of the magiftrates, or in their abfence any two of the town ^coun-
cil are hereby impowered and required to adminifter :

I A. B. do fokmnly fwear^ That I have not dtre^fly or ifidirefffy^
by wjy of loan or other device whatfoever^ received any fitm or
common yj^^^ ^yr ^^^^^^^^ ^^^^ pia^g^ employment^ gratuity^ or reward^ or
the elcaion oi^^ny hond^ hilU or mte^ or any promife ofanyfum orfams of money^
commiffioners^^/, placiy employment^ or gratuity tvhatfoever^ either by nryfelf or
to chufc bur- ^^y other ^ to my ufe^ or benefit^ or advantage^ to make out any com"
8*^* mijftonfor a commifftoner for chuftng a burgefs ; and that 1 will duly

mate out a commijjton to the commijfioner whojballhe chofen by the
majority of the town council ajjembledy and to no other per/on.

So help me God.

And that at all meetings of the commiffioners for chufing bur-
gefles to ferve in parliament, and before they proceed to the
ele^ion, the clerk of the prefiding borough (hall take and fub-
fcribe the following oath, which the commiffioner for the pre*
(iding borough, or in his abfence any other of the comcnif*
fioners, is hereby required and impowered to adminifter.

derk of \he T A. 'B. do fokmnly Jiuear that I have not direSfly or indSre^j ty

Oath of the

prefiding bo- X woyofloon^ or other device whatfoever^ received any fum or Jim
rough before ^f mone^j office^ place, employment, gratuity, or reward^ or okj
election, bond^ btll, or note, or any promife ofanyfum orfums ofmonn, o£ke^
' place, employment^ or gratuity wmtfoever, either by myfelf, or ouf
other to my ufe, or benefit, or advantage, to make any return at this
eleSiion of a member to ferve in parliament ; and that ItuiU return
to thejberijfor/letvard the f erf on eUiled by the major peart of the
eommifjioners aj/embled, whofe commiffvom are authenticated fy tbeJiJb-
fcription of the common clerk, and common jed of the refpeffive bo-
roughs of this diftriSf.

So help me God.
Penalty on the

cleric of the XXXVI. And be it further enafted by the authority a(bre-

^"SftS^ faid. That if the clerk of the prc(iding borough (hall n^lcd

{2^ * or refufe to take the oath afoi'efaid, foch clerk fo refufing or ncg-

leAing, (hall be mcapable to aiSt as clerk to the faid meetii^ ;

and it (hall be lawful to and for the faid commi(!ionen, m

they are hereby impowered and required to choofe another clerk

to the meeting for the ele^ion, ana whoihall have all the powers

Sind authorities in the (aid meeting, and in the returning the

member chofen by them, that by taw are competent to the clerk

of the prefuUng borough.

XXXVIL And be it further enaded by the authority afore-

£ud.

1743*1 Anno decimo fexto GeoRGIi n. c. ii. 99

faid. That at all the eledions of a member to ferve in parlia^
mcnt for any county or ftcwartry in that part of Great Britain
called Scothndj the clerk cbofen by the majority of fuch per-
fons as ftand upon the faid roll laft'made up by the freeholders^
whether at the Michaelmas court, or at the laft eledlion of a
member to ferve in parliament, (hall immediately after his elec-
tion take and fubfcribe the following oath, wbicn the prefes of
the meeting is hereby required and impowered to adminifter«

IjI. B. fo folemnly fwear^ That I have not iire&ly or indiri£lly^ Oath of the
by way of loan or other device whatfoever^ received any fum or clerk at dec**
fumi of money, office, place, or en^loyment, gratuity or reward, ot^^ of mem-
any bond, bill, or note, or anypromife of any fum orfums ofmoney,^^^
office, place, employment, or gratuity wbatfoever, by twyfelf, or any
other, to my ufe, or benefit, or advantage, to make any return at the
prefmt ele^ion of a member to ferve in parliament ; and that I wilt
return to the fier iff or fleward the per f on eleHed by the majority of
the freeholders upon the roll made up at this ele^ion, and who Jbalt
be prefent and vote at this meeting. So help me God« '

XXXVIII. And whereas by the faid aef of parliament made ^'^ Repeal of fltrt
the fecond year of the reign of his prefent Xtajefty, it is enaSied, of the aft
That every Jheriff, mayor, bailiff, headborough, or other perfon being *Gto.t.c.^
the returning officer of any member to ferve in parliament, jSfall im* *' ^ Scotiaiii
mediatefy after reading the writ or precept for the ekStion of fuch

members, take and fubfcribe the oath contained in the afbrefaid aif\
be it enadcd by the authority aforefaid. That lb much of the
^d a6t as requires the faid oath to be taken by any returning
officer within that part of Great Britain called Scotland, fliall be
and is hereby repealed.

XXXIX. And be it further cna<fted by the authority afore- PenalHei of
faid. That if any perfon fliall prefume wilfully and falfely to pei^ury*
jfWear and fubfcribe any of the oaths required to be taken by

this z&, and (hail thereof be lawfully conviAed, he (hall incur
the pains and p^ni(hments of perjury, and be. proTecuted for
the fame according to the laws and forms in ufe in Scotland^.

XL. And be it further enadted by the authority aforefaid, writs of (urn-
That when any new parliament (hall at any tiifie hereafter be moits for calU
fummoned or called, the lord chancellor, lora keeper, or lords W*"*^?*''-
commiflSoners of the great feal for the time being, (hall iffue iJfjJ3^"^;,J'i^
out the writs for cledion of members to ferve in pariiament for mediately.
that part of Great Britain called Scotland, with as much expedi-
tion as the fame may be done ; and that as well upon the calling
or fummoning any new parliament, as alfo in cafe of any va-
cancy during this prefent or any future parliament, the feveral
' writs (hall be delivered to the (herifFor fteward to whom the ex-
ecution thereof does belong or appertain, and to no other per-
fim whatfoever ; and that every fuch (heriff or (leward, upon
the receipt of the writ, fliall upon the back thereof endorfe the
day he received the fame, and (hall forthwith upon the receipt
of tbc writ, at leaft within the fpace of four days after the ro-
ll 2 . ccipt

Penalty on
(herifTs de-
laying the
pmtpCs.

When the *
council (hall
be called for
letting a day
to choofe a

too Anno decimo fexto Georgii IL c. ii. [1743*

ccipt thereof, make out a precept to each borough within his
jurifdidtion, to ele6^ a commiilloner for choofing a burgefs to
ferve in parliament, and fhall caufe the fame to be delivered to
the chief magiftrate of fuch borough refiant in the borough for
the time being ; and in cafe fuch (hcrifFor fteward (hall neglcA
to endorfc on the back of the writ the day he received the fame,
or (hall negledt to make out his precept, and to deliver the fame
to the chietmagiftrate within the time, and in the manner above
diredled, he (hall, for every fuch offence forfeit the fum of one
hundred pounds fterling, to any magiftrate of the borough to
which the precept is not timoufly delivered, who (hall fue for
the fame, to be recovered in manner herein after dire<5led.

XLI. And be it further enaded by the authority aforefaid,
That fuch chief magiftrate to whom the precept (hall be deliver-
ed in manner above diredted, upon the receipt thereof, (haU

^^ upon the back of the precept endorfe the day he received the

commi(noner fame, and (hall within two days after his receipt of the precept
for electing a call and fummon the council of the borough together, by giving
burgefii. notice perfonally, or leaving notice at the dwelling-place orcvery

counfellor then reflant in that borough, which council (hall then
appoint a peremptory day for the eletfUon of a commiflioner for
choofing a burgefs to ferve in parliament.

XLII. Provided always. That two free days (hall interveoe
betwixt the meeting of the council which appoints the day of
eledtion of the faid commiiTioner, and the day on which the
election of the commiflioner is to be made ; and in cafe fuch
chief magiftrate (hall negled to indorfe the day he received the
precept on the back thereof, or to fummon the council withm
the time and in the manner above directed, he (hall, for every
dSfe the'day ^^^^ offence, forfeit the fum of one hundred pounds flerUne, tp
h» received any magiftrate or counfellor of the faid borough who fhall fue
for the fame, to be recovered in manner herein after directed.

XLIII. And be it funher enadled by the authority aforefaid,
That every penalty or forfeiture by this adt impofed, in that
part of Great Britain called Scotland^ fhall and may be fued for
and recovered by way of fummary complaint, before the court
of fefCon, upon thirty days notice to the perfon complained of,
without abiding the courfe of any roll \ which faid complaint the
court of feflion is hereby authorized and required to determme;
as alfo to declare the difabiiities and incapacities, and to dired
the imprifonments, as herein provided.

XLIV. Provided always, and it is hereby declared and en-
acted by the authority aforefaid. That no perfon fhall be made
liable to any incapacity, difability, forfeiture, or penalty, by
this adl impofed, in that part of Great Britain called Scotland^
unlefs profecution be commenced within one year after fuch in-
capacity, difability, forfeiture, or penalty (haJl be incurred, .

]

Two day« to
be allowed
between the
council meet
ing and the
day of elec-
tion.

Chief magi-
ftrate to in-

the precept.

Manner of re-
covering pe-
nalties.

Limitation of
actions.

CAP.

1 743*1 AnnodecimofextoGEORGii 11. c. 12. lor

CAP. XII.
^ ailfcr repealing the fever al rates avd duties upon visual-
lers and retailers of beer and ale^ within the cities ofljon^
don and Weftminfter, and the weekly bills of mortality ,
and for transferring the exchequer bills unfatisfied there-
upon^ to the duties for licences to fell fpirituous liquors and
ftrong waters by retail ^ and alfo for enabling his Afajefiy
to raifea certain fum of money for the fervid of the year
one thoufand feven hundred and forty three, to be further
charged on the faid duties for licences.

WHEREAS by an a^ of parliament made ani pajfed in the Preamble^re-
twelfth year of the reign of bis late majefty King George «**«« ^« ^
the Firn of glorious memory (intituled. An ait for granting an aid "Gco.i.c.ji^
to his Maje%, by laying a duty upon all vidluallers and retail-
ers of beer and ale, within the cities of London and fFeJiminfief^
and the weekly bills of mortality ; and for prohibiting their lend-
ing beer or ale out of their houfes to diftant places, in any pots
or veflels lefs than a gallons and alfo for adding one hundred
additional hackney chairs to thofe already licenf^ and for ap-^
plying certain arrears of former land-taxes, towards the fupply
granted to his Majefty, for the fervice ot the year one thoufand
feven hundred and twenty fix ; and for appropriating the fup-
plies granted in this feflion of parliament) /'/ was, ammgfl other
things enaSfed, That from and after the twenty fourth day of June,
one thoufand feven hundred ana twenty fix, a fum not lefs than one
pound, nor more than fix pounds yearly, fhould be paid to his Majefty^
his heirs and fucceffors, by every victualler and retailer of beer and
ale^ within the cities ^/London tf«i Weftminfter, or either ofthem^
or within the weekly bills of mortality ; and that no innkeeper, vi^uaU
ler, or other perjon, within the limits aforefaid, Jhouhd prefume or
j>jfer to fell any beer or ale, without firji compounding for and obtain^
tng a licence from the commiffioners o/excije for that purpofe yearly^
in the manner, and at the times, in the faid aSi directed'^ under the
penalties therein mentioned^ with divers proviftons and dire^ions in
the faid a£l contained, for the managing, colUdling, paying, and ap^
plying the faid rates or compofition-money, and penalties refpeSiively :
and whereas the governor and company of the bank ^/England did
advance and lend into the receipt of his Majejifs exchequer for the
ufe of the publick, the principal fum of five hundred thoufand pounds,
upon the credit of the faid rates and duties to arifeby fucb licences, and
onfuch provifion as is made in the faid a^, for making good any deft-
ciency that fhould happen thereby, at an mtere/l after the rate of
three pounds per. centum per annum : and whereas it hath been
found by experience, that the levying and colh^ing the faid duty hath
been attended with many inconveniencies, and doth not anfwer the ends
propofed by the faid a£J, infomuch that the fum of four hundred
eighty one thoufand and four hundred pounds^ fart of the faid Jum of
five hundred thoufand pounds in exchequer biuSp made forth in pur^

H3 , fuance

10% . Anno dccimo fcxto GEORGti IL c. 12. ['743.

fuance of the /aid a^ of the twelfth year of his faid late Majeflfs
reign fill remains unfatisfied\ and the faid governor and company of
the hank of England have contented and agreed^ that the faid fum of
four hundred eighty one thoujand four hundred pounds in exchefuer
bills now charged on the faid rates and duties on vi^uallers and re*
toilers of beer and aUy Jhall be transferrable to^ and charged upon^
and made payable by and out of the duties pnyable to his Majefty for
ficenees to fell fpirituous liquors andfirong waters in purfiance of
another a[l paffed in this pre fent feffton of parliament : now wc, your
Majcfty's moft dutiful and loyal fubjeds, the commons of Great
Britain in pariiament ailembled, being defirous to eafe your Ma-
jcfty's fubjedh, by taking ofF the faid rates and duties on vidhial-
Jers and retailers of beer and ale, within the limits aforefaid, and
at the fame time to fecure the creditors of the publick'firom any
injury and damage they might fufFer thereby, and having fur-
ther refolved, in order to raife the fupplies neccflary for the ftr-
vice of the prefent year, in the kaft burthenfomc maimer, to
give and grant to your Majefty the fum of five hundred and
eighteen thoufand fix hundml pounds, to be raifed upon the
dutiesarifing by the faid Jicences to fell fpirituous liauors or
ftrong waters in mamier herein after mentioned ; do moft numbly
befeech your Majefty that it may be enaded ; and be it enaded
by the King's moft excellent majefty, by and with Ac advice
and confent of the lords fpiritual ana temporal, and commnons,
in this prefent parliament aflembled, and by the authority of the
The pot aft fame. That from and after the twenty fourth dav of Juna^ one
to be deter- thoufand feven hundred and forty three, the faid rates and du-
mined after ties impofed by the faid ad of the twelfth year of his fidd late
June sf, 1743. Majefly's reign, upon all viduallers and retailers of beer and
ale, within the cities of London and Wejlrmnfterj and within the
weekly bills of mortality, ftiall ceafe, determine, and be no
longer paid or pyable ; and that then and from thenceforth all
the powers ana authorities given or granted by the fame a6t, for
the levying,' fccuring, collefting, compounding or recoveriitf
the fame, and all penalties and forfeitures relating thereto, (hall
alfo ceafc, determine, and not be put in execution, fave only,
and except in all cafes relating to the recovering any arrears^
which may at that time remain unpaid of the faid rates and du-
ties on viduallers and retailers of beer and ale, within the limits
aforcfaid, or to any penalties or forfeitures in refpeA of the fiud
duties which fliall have ariten, or grown due and payable to his
Majefty, or may have been incurred at any time before the faid
twenty fourth day of June^ one thoufand feven hundred and
forty three ; any thing herein before contained to the contrary
notwithftanding.
4Si,4ooU and II. And be it further enabled by the authority aforefaid. Thai
518,600!. the faid principal fum of four hundred and eighty one thoufand
licences on^'* ^^"'^ hundrecj pounds in exchequer bills, remaining unfatisfied apd
fpiritu:;us li- undifcharged qs aforefaid, ftiall, together with the fum of fivehun-
^uors. dred and eighteen thoufand fix hundred pounds, by this aft

agreed to be raifed as aforefaid, be charged upon, and payaUe

2 gut

1743*] Anno dcdmo fcxto Georgii IL c.12. 103

out of the faid duties granlted to his Majefty on licences for
felling fpirituous liquors and ftrong i^aters ; and that the faid
fum of four hundred and eighty one thoufand four hundred
pounds in exchequer bills remaining unfatisfied as aforefaid, to-
gether with the intereft thereupon, and charges of circulating
Uie fame^ from and after the faid twenty fourth day of June^
one thoufand feven hundred and fortv three, (hall be transferred
from the faid rates and duties now charged with the fame, and
be charged upon^ and payable out of, the monies arifen or to
arife into the exchequer, from time to time, for the faid duties
on licences for felline fjMrituous liquors and ftron^ waters as a-
ibrefaid, fubje6t to the fame orders, rules, methods, diredUons,
powers, and authorities, relating to or concerning the circulat-
ing, paying off, and cancelling the fame exchequer bills, and
the payment of the intereft, Premo^ and charges thereupon, and
for making good any deficiency that may happen on the income
of the duties chargeable with the payment thereof (except
where any other provifion is in this a6t contained) and to the
like penalties and forfeitures as were prefcribed, enaAed, or de-
clared, in or by the faid a6t of the twelfth year of his faid late
Majefty's reien^ in relation to the faid exchequer bills.

til. And be it further ena<5led by the authority aforeiaid, Claufe of Iota
That for and towards raifing the faid fum of five hundred and ^^ 31- per cent,
eigliteen thoufand fix hundred pounds, herein before given and
^nskttA to his Majefty towards the fupplies of this prefent year.
It (hall and may be lawful to and for the conuniflioners of his
Majefty's treafury, or any three or more of them now being, or
the high treafurer, or any three or more of the commiffioners
of the treafury for the time being, to raife the (aid fum of five
hundred and eighteen thoufand fix hundred pounds, or any
part thereof, by loans or exchequer bills, in manner herein a£ter
mentioned ; and that it (hall and may be lawful to and for any
perlbn or perfons, natives or foreigners, bodies politick and
corporate, to advance or lend to his Maje(ty at the receipt of
his Majefty's exchequer, any fum or fums of money, not ex-
ceeding the faid fum of five hundred and eighteen thoufand fix
hundr^ pounds, upon the credit of the duties upon licences
herein before mentioned, and to have and receive for the for-
bearance of the money lent, intereft after a rate not exceeding
diree pounds per centum per annum ^ fo as fuch loans be allowed
to be made by the commiffioners of the treafury, or any three
or more of them now being, or the high treafurer, or any three
or more of the commiflfioners of the treafury for the time being,
who are hereby authorized to ifliie their warrants for that pur-
pofe, as faft as fuch loans (hall be wanted for the publick fervice j
and moreover, that no money fo to be lent upon the fecurity of
tim zA (hsdl be rated or aiTeUed to any tax or afleilment what-
foever.

IV. And be it further enacfted. That all and every perfon and Tallies to be
perfons who (hall lend any money upon the credit of this a6t as ^^ruck.
ifgreiaid, and pay the fame into the receipt of the exchequer, ^
^ H 4 &aU

I04 Anno dec}mo fexto Geoi^gii IL C. is. f i743<

ihall immediately h^ve a tally of loan ftruck for the fame, and
an order for his, her, or their repayment, bearing the fame date
with his, her, or their tally; in or upon which order (hall be
alfo contained a warrant for payment of intereft for the forbear-
ance thereof, not exceeding the faid rate of three pounds pit
centum per annum^ and to be paid every three months, until the
repayment of the principal, in manner herein after mentioned;
Orders rcgi. and all fuch orders for repayment of money fo to be lent, (hall
ftrcd and paid \^ regiftred in courfe, according to the dates refpeftively ; and
in couric. ^j^^^ ^j| ^^j every perfon and perfons (hall be paid in courfe,
according as their orders (hall ftand regidred in the faid reg^fter
books, out of the faid duties on licences, next and immediately
after the fum of four hundred and eighty one thoufand four
hundred pounds in exchequer bills, charged thereupon in the
^ft place, fo as the perfon or perfons, natives or foreigners,
his, her, or their executors, adminiftrators, or a(ngns9 who (hall
have his or their order or orders firft entered in the faid books of
regifter, (hall be taken an4 accounted to he the firft perfon or
perfons to be paid out of the monies to arife by the faid duties
pn licences, in manner afore-mentioned ; and he, (he, or they
who (hall have his, her, or their order or orders next entered,
(hall be taken and accounted to be th^ fecond perfon to be paid,
and fo fucce(rively and in courfe ; and that the monies to arife by
the faid duties on licences, (hall be in the fame order liable to
the fatisfadion of the faid refpedive perfons, and body or bodies
politick or corporate, their executors, admini(\rators, fucceflbrs,
or alTigns refped^ively, without undue preference of one before
another, and not otherwife ; and (hall not be diverted or divert-
ible to any other ufe, intent, or purpofe whatfoever, other than
the ufes and purpofes herein before mentioned ; and that no fee,
p/tnalty for reward, or gratuity, dire<S>ly or indirectly, (hall be demanded or
taking fees, taken of any of his Majefty's fubjedls for providing or making
pf any fuch books or regifters, or any entries, views, or fearches,
in or for payment of money lent, or the intereft thereof, as
aforefaid, by any of his Majefty's officer or officers, their clerks
or deputies, on pain of payment of treble damages to the party
grieved by the party offending, with full cofts of fuit ; or if the
officer himfelf take or demand ?ny fuch fee or reward, then to
and for undue lofe his place alfo; and if any undue preference of one before
prtfcrcncc. another (hall be made, either in point of regiftry or payment,
contrary to the true meaning of this aft, by any fuch officer or
officers, then the party offending (hal) be liable by adion of
(debt, or on the cafe, to pay the value pf the debt, with full cofts
of fuit, to the party grieved, and (hall be forejudged of his place
or office; and if fuch preference be unduly made by any his de-

f>uty or clerk, without direction or privity of his ma(tcr, then
iich deputy or clerk only (hall be liable to fuch adtion, debt, da-
• and full cofts mages, and cofts, and (hall be for ever after incapable of his
? "•'• place or office; and in cafe the auditor of the receipt (hall not

dire6t the faid order of loan, or the clerk of the pells record,
or the tellers make payment upon fuch order, according to eacli

~ perfon's
6 "

[743*1 Anno dedmo lexto Georgii II. C. i2. 105

l>erfon's due place and order, a$ before direded ; then he or they

[hall be adjudged to forfeit, and the refpedtive deputies and clerk$

therein offending, to be liable to fuch adlion, debt, damages,

ind cofts, in fuch manner as aforefaid ; all which faid penalties,

forfeitures, damages, and cods, to be incurred by any the ofE- How to be rs.

cers of the exchequer, or any their deputies or clerks, (hall and covered,

may be recovered bv zikion of debt, bill, plaint, or information,

in wy of his Majeft/s courts of record at ffyiminjlery wherein

DO eifoin, protection, privilege, wager of law, injunction, or

Qrder of reftraint, (hall be in any wife granted or allowed.

V. Provided always, and it is hereby declared, That if it No undue pre*
(hall happen that feveral tallies of loan or orders for payment as fewnce, where
aforefaid, bear date or be brought the fame day to the auditor ^^"^^j,^^^^^
of the receipt to be regi(h'ed, then it (hall be interpreted no un- the (ame Jby.
due preference which of thofe be entred firft, fo as he enters

them all the (ame day.

VI. Provided alfo. That it (hall not be interpreted any undue No undue prc-
preference, to incur any peaalty, in point of payment, if theferenceiffiib.
auditor direft, and the clerk of the pells record, and the tellers («qu«nt orfers
do pay fubfequent orders, to perfons that come and demand ottiw not **
their monies, and bring their orders, before other perfons that coming to dc-
did not come to take their monies, and bring their orders inmjind.ifmo-
courfe ; fo as there be fo much money referved as will fatisfy ^}^ refcnr-
precedent orders, which (hall not be otherwife difpofed of, but^ ^^^ "*"*•
kept for them, intereft upon loans being to ceafe from the time

the money is fo referved and kept in bank for them.

VII. And be it further enafted. That all and every perfon Transfers to
and perfons to whom any money (hall be due for loans to be be allowed.
regiftred>y virtue of this adt, after order entred in the book of
regifter as aforefaid, his, her or their executors, adminiftrators,

or affigns by proper words of adignment, to be indorfed and writ- .
ten upon his order, may a(rign or transfer his right, title, intereft
and benefit of fuch order,or any part thereof, to any other; which
being notified in the office of the auditor of the receipt aforefaid,
and an entry or memorial thereof alfo made in the book of regiftiy
aforefaid for orders (which the officers (hall u^on requeft without
jfee or charge accordingly make) (hall intitle fuch affignee, his, her,
or their executors, adminiftrators, fuccefTors, and affigns, to the
benefit thereof and payment thereon, and fuch affignee may in
like manner affign again, and fo toties quoties \ and afterwards it
fhall not be in the power of fuch perfon or perfons who.hath or
have made fuch affignment, to make void, rcleafe, or difcharge
the fame, or any the monies thereby due, or any part thereof

VIII. And to the end there may be no want or failure of a
certain fum, not to exceed in the whole the faid fum of five
hundred and eighteen thoufand fix hundred pounds, to be rai-
fed either by wch loans as aforefaid, or by iffuing exchequer
bills as is herein after mentioned, or by both or either of thofe
ways or means, for the publick fervice ; be it further enaded
by the authority aforefaid. That in cafe the commiffioners ofT'**f"'yn»*y
his Maiefty's treafury, or any three or more of them now being, ch^que^^
or the btgh treafurer, or any three or more of the commiffioners inft^d of uoL

of ing loanfti

io5 AnnodecimofextoGEoltGil IL C.T2; [i74ji

of the trcafury for the time being, (hall judge it more advifeibk
to raife the faid fum of five hundred and eighteen thoufand fis
hundred pounds, or any part thereof, by exchequer bills inftead
of fuch loans as aforefaid ; that then they refpe6tively are bm-
by authorized and impowered at any time or times to prepait
and make, or caufe to be prepared and made, at the exchequer
any number of new exchequer bills for any fum or fums of
money, not exceeding in the whole the faid fum of five hundrei
and eighteen thoufand fix hundred pounds, tc^ther with fiich
loans as aforefaid, in the fame or like manner, form, and order,
and according to the fame or like rules and directions, as in and
by a certain a6l of parliament for granting an aid to his Maj<^
by a land tax, to be raifed in Great Britain^ for the fervice of
the year one thoufand feven hundred and forty three, are en-
aAed and prefcribed concerning the exchequer bills to be made
in purfuance of the fame aft.
AU miwai. *^* ^'^^ ^ '^y further enafted by the authority afore£ud,
te» mf^ That all and every the daufes, pfovifocs, powers, privileges,
by Che land advantages, penalties, forfeitures, ^nA difabilities contained in
tax, relating the faid laft-mentioned aA relating to the loans or exchequer
chMUN-^ilk!' *^*''^ authorized to be made by the lame aft {except fuch daules
Si^ap^^ as do charge the fame on the aids, taxes, or aflemnents granted
to chM* by the fame aft) (hall be applied and extended to the exchequer

bills to be made forth in purfuance of this aft, as fully and ef-
feftuaUy to all intents and purpofes, as if the fame exchequer
bilFs had been originally authorized by the faid laft-mentioned
aft, or as if the faid feveral claufes or provifoes had been parti-
cularly repeated or re-enafted in the body of this prefent aft.
The money X. Provided always, and be it further enafted by the autho-
may be raifed rity aforefaid. That in cafe the commiflioners of his Majefty's
part by fub- (reafury, or any three or more of them now being, or the high
UnETaimu^ treafurer, or any three or more of the commiflioners of the trea-
ties. ~ fui7 for the time bein^, (hall judge it more for the advantage
of the publick (inftead of raifing the faid fum of five hundred
and eighteen thoufand fix hundred pounds by loans or exchequer
bills as aforefaid] to take in fubfcriptions for the faid fum or any
part thereof, in annuities transferrable at the bank of Englandi
It (hall and may be lawful to and for the faid commiflioners of
his Majelly's treafury, or any three or more of them now beiDg,
or the laid high treafurer or commiflioners of his Majefty*s trea*
fury for the time being, to permit or fuflfer any perfon or perfons,
natives or' foreigners, bodies politick or corporate, to contribute
and pay to the firft or chief ca(hier or cafhiers of the governor
and company of the bank of England for the time being, at or
before thq refpeftive days and times to be limited and app<Mnted
by the faid commi(rioners of his Majefty's treafury, or the bi^
treafurer for the time being, in that behalf, any (um or fums of
money not exceeding in the whole the faid fum of five hundred
and eighteen thoufand fix hundred pounds, for the purchafe of
any annuity or annuities, to commence from the reaft day of
the nativity of Saint John the Baptift^ or firom any other fubfe*
(juept fea(t 4ay %Q be limitipd arid appointed in like manner;

which

f43-l AAik) dccimo fcxto Georgii II. c. iil ^^7

hich annuities (hall be a joint-dock of annuities, and be
mipHted at the rate of three pounds for every one hundred
ounds, and in ptoportion for any greater or lefs fiixti, and be
bailed and chargieable upon, ana payable out of the duties on
cences herein before mentioned.

XL Provided alfo, and it is hereby likewife enadtaed by the
othority aforefaid, That all and every the claufes, powers, and Other claufci
>rofvifoes, relating to the contributions for fuch anhuities, and ^^-^p^^a
or making allowances not only to the contributors for prompt ^tended to
ayment, but alfo to the (aid governor and company, or their this,
idd cafhieror cafhiers, and accomptant general for receiving, i6Geo.t«c.i}.
paying, and accdiinting for fuch contribution- money, and the
mnuities payable in reipe£l thereof; as likewife for transferring
the faid annuities without fee or* reward, in books to be, kept for
tliat purpofe; and for exemptine; fUch annuities from all taxes,
diar^, and impofitions whatioever, and for redeeming fuch
mnuities, or making good any deficiency that may at any time
kppen in the fund appropriated for payment of fuch annuities;
nd all and every other the powers, privileges, advantages, pe-
udties, forfeitures, difabilities, matters, and things conuined
n one other zA of this prefent feflion of parliament, for railing
me million eight hundred thoufand pounds by annuities, and a
ottery in manner therein mentioned, fo far as the fame relate to
:he annuities transferrable at the (aid bank of Englandy authorized
by the faid a6t, to be created or fubfcribed for on credit thereof
[except fuch claufes as do charge fuch annuities upon the rates
and duties appropriated by the fame aA for payment thereof) (hall
be applied and extended to the annuities to be fubfcribed for or
purchafed on this a£t, as amply, fully and effedlually, to all
intents and purpofes whatfoever, as ir the faid annuities had
been originally authorized by the before-mentioned ad; or as
if the faid fevcral powers^ privileges, advantages, penalties, for-
feitures, difabilities, matters and things had been particularly
repeated and re-ena6ted in the body of this prefent ad; any thing
in this aft before contained to the contraiy thereof in any wife
notwithftanding.

XII. And be it further enaded by the authority aforefaid, A yearly ae^
That ycariy and every year during the continuance of the faid count to be
loans, exchequer bills, or annuities, or any of them ; the com- J^afiuy.of
miflioners of the treaJTury, or any three or more of them now the money
being, or the high treafurer, or any three or more of the com- forliccnfing
miffioners of the treafury f6r the time being, (hall or may on the jjpirituous
fcaft day of the nativity of Saint John the Baptift in every year, *^'^"'
or within twenty days after, caufe a true and perfedl account in
writing to be taken, and attefted by the proper officers, of all
the monies which (hall in the preceding year, have been paid
in the receipt of his Majefty*s exchequer on account of fuch
licences for felling fuch fpirituous liquors or ftrong waters, and
how much thereof hath been applied, or will be nccclTary to be
applied for or towards the intereft, premium or rate on the faid
feveral loans, exchequer bills, or annuities, amounting in the
whole to one million^ or ptber neccflary charges, in, about, or for

io8 Anno decimo fezto GeoRGII II. C 12.' ' [1743*

circulating or exchanging the faid exchequer bills; and in cafe
i luifcs? " ^^^' appear that on any fuch feaft day there (hall be or remain
urp u ». .^ ^^ ^^jj exchequer, any furplus arifen from the faid duties over
and beyond what will fatis^ fuch intereft, premium or rate and
charges to that time, fuch (urpIuflTes (hall be and are hereby ap-
propriatedy and (hall be from time to time forthwith iffiied and
applied, as far as the fame will extend, for or towards the paying
off in the firft place the principal fums conuined in fuch exche-
quer bills, amounting to four hundred and eighty one thoufand
four hundred pounds, remaining unfatisfied as aforefaid^ and
cancelling and difcharging the fame in a numerical couiie, until
all the faid bills (hall be dilcharged ; and that from and after fudi
time as the faid principal fum of four hundred and eighty one
thoufand four hundred pounds (hall be paid ofF^ or money fiif*
ficient referved in the exchequer for difcnarging the £ime, tctte*
ther with the intereft and other charges thereupon; fuch wx*

!>lus as (hall then after from time to time vearly arife by the
aid duties, (hall be (lated, i(rued and applied in fuch and the
like manner for difcharging in the next place the remaining five
hundred and eighteen thoufand (ix hundred pounds in fuch
loans, exchequer bills, or annuities as aforefaid, together with
the intereft thereupon, and charges of circulating the (aid ex-
chequer bills, fubjedt neverthelefs to fuch redemption by parlia-
ment as is or (hall be enadted by any future adt or a6b of par-
mqnt in that behalf.
Monies iffacd XIII. And be it further enafted by the authority aforelaid,
out of the That in cafe it (hall appear that on fuch feaft day the aK)ney a-
Sinking fund, rifcn into the exchequer in the preceding year, (hall be (b low or
deficient that the fame (hall not be fufiicient to difcharge all in-
tereft, premium, rate and charges to that time on the faid loans,
exchequer bills, or annuities; uich deficiency (hall, from time to
time, be made good out of the lirft fupply to be granted in par-
liament, next after fuch deficiency (hall appear; and in ca(eno
fuch fupply (hall be granted within (ix months next after fuch de-
ficiency (hall happen, then the fame (hall be made good out of
any monies which at any time or times (hall be or remain in the
faid receipt of the exchequer of the furplu(res, excefles, or over-
plus-monies, commonly called the Sinking fund^ (except foch
monies of the faid finking fund as are appropriated to any par-
ticular ufe or ufes by any former adl or ads of parliament in that
behalf) and fuch monies of the faid finking fund (hall and may
be from time to time ifiiied and applied accordingly.

XIV. Provided always, and be it enacted by the authority

^t^fthefiS^^^"*^*^*^' ^'^^^ whatfo'ever monies (hall be iflued out of the

^pi^es. f**^ furplu(res, exce(res, or overplus- monies, commonly called

the Sinking fund^ (hall from time to time be replaced by and out

of the firft fupplies to be then after granted in parliament; any

thing herein contained to the contrary notwitb(tandii\g.

CAf.

1743-1 AnnodccimofextoGEORGii II. C 13. 109

CAP. XIII.
An all fcr raifing by annuities and a lottery in manner there-
in mentioned^ the fum of one million eight hundred thou^
fand pounds^ at three pounds per centum per annum, /or
the fervice of the year one thoufand feven hundred and
forty three.

Moji gracious Sovereign^

W£ your Majefty's mod dutiful and loyal fubjeSs, the cem-
mons of Great Britain in parliament affembied, being
defirous to raife the neceiTary fupplies which we have cheerfully
granted to your Majefty, in the eafieft manner we are able, for
die benefit of your fubjedts, have freely and voluntarily given
and granted, and by this a<5t do give and grant unto your Ma-
jefty, the fum of one million eight hundred thoufand pounds^
to be raifed in fuch manner and form as herein after diret^ed,
and to that end do mod humbly befeech your Majefty that ic
may be enaded, and be it enaded ,&v the King's mod excellent
Majefty, by and with the advice andf confent of the lords fpiri-
tiial and temporal, and commdns, in this prefent parliament af-
fembied, and by the authority of the fame. That the annuities ,,ioo/)ooT,
which by this a«5k (hall be granted and. made payable in refpedt granted to his
of the faid principal fum of one million eight hundred thoufand Majefty*
pounds, until redemption thereof by parliament in manner
bcreia after mentioned, (hall be charged and chargeable upon,
and payable out of the monies which (hall from time to time a-
rife, and be remaining in the receipt of his Majefty 's exchequer, placed on the
of the rates and duties on low wines, fpirits, and ftrong waters duties on fpi-
granted to his Majefty, by one other ad of this prefent feffion rituoui U-
of parliament, and the faid rates and duties aforeiaid are here- ^^^^*
by appropriated for that purpoie accordingly, and for or towards
raifmg the faid fum or fums of money, not exceeding in the
whole the faid fum of one million eight hundred thoufand pounds,
for the purpofes aforefaid; it is hereby further enaded by the
authority aforefaid. That it (hall and may be lawful to and for Three per ^
any perfon or perfons, natives or foreigners, bodies politick or cent.amnritles
corporate, to contribute, advance, and pay unto the firft or S bT ^al[ p«^'"
chi^ caftiier or caftiicrs of the governor and company of the fonsjliativcsor
bank of England for the time being, at or before the refpe(5tive foreigners, to
days and times by this a6t limited in that behalf, any fum or be paid into
fums of money, not exceeding one million, in part or the (aid ^^ ***"^"
whole fum of one million eight hundred thoufand pounds, for
the abfolute purchafe of any certain annuity or annuities, to
commence from the refpc&ive days, on or before which the fe-
veral payments of the contributors for the purchafe of the faid
annuities as are herein after dire(Sted and limited to be paid, and
to be paid and payable to fuch contributor or contributors, or
fuch as he, (he, or they (hall nominate his, her, or their execu-
tors, admioiftrators^ luccedbrs, or aftlgns refpedtively^ in man-
ner

Annuities to
be 3I. percent

1 10 Anno dccimo fcxto Georgii II. c. i^. [i743,

ner herein after mentioned, fo as fuch cafliier or cafhiers do fiift
Caihiers to give fecurityy to the good liking of any three or more of the
give fecurity. commiffioners of the treafury now being, or of the high treafurer,
or commiflioners of the treafury for the time being, lor duly ao-
fwering and paying into the receipt of his Majefty's exchequer
for the publick ufe, the monies (o to be advanced and contri-
buted, amd to account duly for the fame, which annuities be*
forc' mentioned (hall be computed at the rate of three poonds
per annum for every one hundred pounds, and proportionsd)Iv for
' any greater or lels fum fo to be advanced and paid ; and the
purchafe-money for every fuch annuity at the rate aforefiud,
is hereby appointed to be paid unto the faid cafhier or cafliien,
as afcM'eiaid, at or before the rcfpedive days or times herein a(-
When the ter limited ^ that is to fay, one fourth part thereof on or befoie
piirchafe-mo;- the eleventh day of Aprils one thoufand feven hundred and for^
ney for annul- three,one Other fourth part thereof on or before the fiftecnthdayoif
tic»u to be j^ ^Y^^^ j^^j enfuing, one other fourth part thereof on or be-
'^ ' fore the twenly feventh day of O^ober then next enfuing, and

the remaining one fourth part thereof on or before the twentieth
When the an- day of Deeember then next following; all which annuities fe to
nutties are to be purchafed, (hall be paid and payable at two of the moft ufinl
be paid. feafts or days of payment in the year; that is to fay. The feafti

of the birth of our Lord Chrift, and the nativity of Saint J$biitki
Baptijlj or within fix days after every of the (aid feaft days, the
firft payment thereof to be computed and paid at the nte «f
three pounds per centum per annum on each proportional fum ad*
vanced and paid by fuch contributors, for the purchafe of Mf
part of the (aid annuities, from the refpedive days on or btfcit
which fuch payments are herein before limited and diredcd tt>
be paid unto the feaft of the birth of our Lord Chrift, wfaidi
(hall be in the year of our Lord one thoufand feven hundred tivi
forty three, or within {\x days after the faid feaft day ; neverthi-
lefs, the faid annuities (hall be redeemable according to the pur-
port and true meaning of a prorrfo or condition, herein after coo-
Calhiersto tained in that behalf, and not otherwife; and the faid cafiiieror
^Mhrmoney ^^^^"'s of the faid eovemor and company for the time being,
paid them, ^^ ^^ ^^ herebv authorized and required, upon the advandag
and paying to nim or them any fuch fum or fums of money as
aforefaid, forthwith to give a receipt in writing figned by him-
fclf or themfeives, for each payment, to the contributor or pay-
er thereof (which receipts (hall be affignable by indoriitewnt
thereon made at any time before the twenneth day ofDfimkrf
one thoufand feven hundred and forty three, and no longer) and
from time to time to pay into the receipt of his Majefty^ cxche-
and to pay the ^^er all the monies which he or they (hall receive of or for
money into the faid. fum not exceeding one million, as faft as he or they
the exchequer, (hall receive the fame, or any part thereof, or within five dayi
Caihicr's al- afterwards at the fartheft; and to account for all the monies (b
jowance on ^o be advanced and paid to him or them in his Majefty's coon
accounting at of Exchequer ^ according to the due courfe thereof; in which ic-
tbe exchequer, count the faid ca(hier or ca(hiers (hall have juft allowance of t\\

743*] Anno decimo fexto Gboroii IL c. 13. ixt

Donles which he or they (hall have allowed or paid for premiums
vr rewards, purfuant to this a6t.

!!• And it is hereby enadted. That in the office of the Books to be
iccomptant general of the governor and company of the ^*P^*' ^
Mink of EngUnd for the time being, there (hall be provided and ' *
Lept a book or books, in which there (hall be fairly entered the
»ames of all who (hadl be contributors for fuch annuities, after
the rate of three pounds per centum per annum as aforefaid, and
»f all perfons by whofe hands the faid contributors (hall pay in
my of the faid fums upon this adt, and alfo the fums fo paid;
to which book or books it (hall be lawful for the faid refpeAive to be kept for
contributors, their executors, adminiftrators, fucceflbrs, and af- publick pe-
Ggns, from time to time, at all feafonable times; to have refort, "^^*
and to infpedt the fame, without any fee or charge; and the faid ^ ^£
accountant general for the time bemg, (hall, on or before the the books to
twenty fourth day of June^ one thoufand feven hundred andbetranfmitted
forty four, tranfmit an attefted duplicate, fairly written on paper, '^^ ** **•
of the faid book or books, into the office ot the auditor of the ^^^^*
receipt of his Majefty's Exehepur^ there to remain for ever.

in; And it is hereby enadted by the authority aforefaid, contributow
That all and every contributor and contributors upon this adt, to htveasaul.
dnity paying the whole confideration or purchafe-raoney at the ties fubjeft tp
rate alorefaid, at or before the refpeftive days or times in this redemption.
ad beifore limited in that behalf, for fuch annuity or annuities
as aforefaid, or fuch as he, (he, or they (ball appoint his, her,
or their refpedlive executors, adminiftrators, fucceflbrs, and af«-
figns, (hall have, receive, and enjoy, and be intitled by virtue
^this z6t to have, receive, and enjoy the refpeAive annuity and
annuities fo to be purchafed out of the monies by this aA ap-
propriated or araointed for payment thereof as aforefaid; and
fiiall have goodlind fure eftates and interefts therein for ever,
fi2bje<5ton]y to the provifo or condition of redemption in this a A
afterwards conuined, concerning the fame; and that all the fe- Annuitietfive
veral and refpedHve annuities, payable in purfuance of this adt, from taxes.
flU^er the rate of three pounds per centum per annum^ and all and
every the principal Turns for which the fame are to be payable,
Aall be free from all taxes, charges and impofitions whatfoever.

IV. And it is hereby provided and enadled by the authority Xwo ocrcent.
aforefaid. That all and every perfon or perfons who (hall become allow^for
interefted in^ or intitled to any annuity or annuities, part of the prompt pay«
faid fum of one million to be lubfcribed for, in purfuance of this nient*
ad, (hail, upon compleating the payments of the whole pur-
chafe-money, payable in refpedt thereof, be allowed and paid by
way of rebate, a premium or allowance after the rate of two
pounds per centum^ on the refped^ive fums they (hall become in«
•felled in, or intitled unto as aforefaid.

• V. Providod alfo. That in cafe any fuch contributor as afore- if only one of
faid, who (hall, on 6r before the faid eleventfi dav of Jprily one the four pay-
tfaoitfand feven hundred and forty three, have advanced to the ^^ *i^ ^ 11
,£iid calhier or ca(hiers, one fourth part of his, her, or their ^^'^Ji?"
furchafe-'aKmeys and his, her, or their executz>j»^ adminiifaators,

fuc^

Ill Anno dccimo fexto G£ORGii II. C. 13. T i743>

fucceflbrs, or affigns, do not advance and pay to the faid cafhier
or cafhiers one other fourth part of his, her, or tlieir confidera-
tion-money, fo to be paid for fuch relpedtive annuity or
annuities as aforefaid, on or before the fifteenth day of Jufy^
then next enfuing ; and another fourth part thereof on or be-
fore the twenty feventh day of O^ober then next enfuing; and
the remaining fourth part thereof on or before the twentieth
day of December then next following ; then, and in every fuch
caie refpe<ftively, fo much of the confideration-money as fhall
have been adtually paid in part thereof only to the faid cafhier or
calhiers for fuch refpedtive annuity, fhall be forfeited for the
benefit of the publick ; and no premium at the rate,aforefaid
(hall be payable for the faid firfl payment ; any thing in this
a<St contained to the contrary notwithftanding.
Inftead of an- VI. And to the end there may be no want or failure of a certain
Buides, the fm^ not to exceed in the whole, the faid fum of one million for
Sndfedby ^^^ publick fervice ; be it further enacted by the authority afore-
exchequer faid> That in cafe the commiffioners of his Majefty's treafury,
bills, at the or any three or more of them now being, or the high treafurer,
^crction of Qf ^^y three or more of the commiflioners of the treafury for
fionmo?thc ^^^ ^*°^^ being, (hall judge it more advifeable to raife the fum
treafury. • of one million or any part thereof by exchequer bills, inftead of
fuch annuities as atorefaid, then and in fuch cafe, he or they
are refpe<5tively hereby authorized and impowered at any time or
times before tne twenty fifth day oi December ^ one thoufand feveo
hundred and forty three, to prepare and make, or caufe to be
prepared or made at the exchequer, any number of exchequer
bills, for any fum or fums of money not exceeding in the whok
the faid fum of one millon, in the fame or like manner, form
and prder, and according to the fame or like rules and dire(5lions,
as in and by a certain a£l of this prefent fellftn of parliament,
intituled. An a5tfor granting an aid to his Majejly by a land tax /#
be raifed in Great Britain, for the fervice of the year one tboufani
feven hundred and forty three^ are enafted or prefcribed concern*
ing the exchequer bills to be made in purfuance of the fame
a6t.
I, - . ^ VII. And be it further enafled by the authority aforefaid,
hitl aft rein- 'rhat all and every the claufes, provifoes, powers, privileges,
ing to exche- advantages, penalties, forfeitures, and difabilities, contained in
quer bOls, ap-the faid laft mentioned adt relating to the exchequer bills, au-
plicd to this, thorized to be made by the fame a<£t (except fuch claufi^ as do
charge the fame on the aids, taxes, or aneflments grafted by
the fame ad) (hall be applied and extended to the exchequer
bills to be made in purtuance of this a(5t, as fully and effe<Slually
to all intents and purpofes, as if the fame exchequer hills bad
been originally authorized by the faid laft mentioned a6l, or as
if the faid feveral claufes or provifoes had been particularly re*
peated and re-ena6led in the body of this prefent adl.
, VIII. And be it enacted by the authority aforefaid, Thiat al!
wwheqifer ^^^ exchequer bills which (hall be made in purfuance of thisa^
bOUtobo and the intereft, premium, rate and charges incident to .or ai-
charged. tending

1743-] Anno declmo fexto GeoRgii IL c. 13/ i ly

tending the fame, (hall be and are hereby charged and chargeable
upon, and (hall be repaid, and borne by and out of the rates and!
duties on low wines, fpjrits and ftrong witers afore mentioned ;
which faid rates and duties are hereby appropriated accordingly,
for and towards paying off and difcharging fuch exchequer bills,
bitereft, premium, rate or charges thereupon, until redemptiotl
thereof by parliament, in like manner as is herein diredted^ con-
cerning the annuities authorized to be purchafed upon credit
thereof, in cafe the faid whole fum of one million had beeii ad-
vanced and contributed for the purchafe of fuch annuities*

IX. Provided always, and it is hereby cnafted by theaUtho- S'SS'^"'
rity aforefaid. That in cafe the commiflRoners of his Majefly's iju^ t^etim*
treafury, or any three or more of them now being, or the high of paying th«
treafurcr, or any three or more of the commUHoners of the trea- purchaft mo-
fury for the time being, (hall find it neceflary for the publick ^"^^
fervice, to allow further time for any of the days of payment by

this a£t before limited and appointed for the contributors to pay
in their contribution-money to the faid ca(hier or ca(hiers of the
bank of England, for the purchafe of the annuities amounting to
the principal fum of one million as aforefaid ; then and in every
fuch cafe, it (hall and may be lawful to and for the faid commiu
(oners of his Majefty's treafury, or any three or more of them
now being, or the high treafurer, or any three or more of the
CommiflTioners of the treafury for the time being, by notice to be
pabli(hed in the London GazetU^ fourteen days before any of thd
refpedtive times of payment by this ad limited in that behalf as
tforefaid, to alter fudi day or days of payment accordingly, and
to appoint fuch further days or times for the faid connnbutors^
to pay in their purchafe-money for the faid annuities, as to them
(hall feem moft proper and fitting ; any thing in this aft before
contained to the contrary notwith(landing.

X. And whereas it is intended that a further fum not exceeding
eight hundred thcufand pounds jjball be ratfed by waf of a lottery for
the piarchafe of annuities after the fame rate of three fmnds per cen-
tum per annum, in manner hereafter mentioned, and be charged up--
en the fame rates and duties on low wines, fpirits and fir mg waters %^
which faid fum of eight hundred thoufana pounds together tuith thi
fim $j(me million, before by this aff Jtre^ea to be charged thereupon^
will eompUat the faid fum of one million eight hundred thou/and poundSf
intended by this aif to be ratfed upon the credit of the faid rates and

duties \ be it therefore enafted by the authority aforefidd. That J^J^Jv
from and after the feaft day of the nativity of Saiht %i5» the Bap- n^S^chanr-
tift, which (hall be in the year of our Lord one tboufand feven ed on the
hundred and forty four, the annuities which (hall become due dudes laid <a
and payable to the contributors to the lottery, herein after men- flpinwow li»
tioiied, (hall be charged upon, and payable out of the monies ^^^^^
^htch (hall arife and be paid into the faid receipt of the exche-
ouer, of or for the faid rates and duties on low wines, fpirits and
ftrong waters, and the fame are hereby declared and enaAed to
be a fund and fecurity, not only for anfwering and paying the
annuities xo grow d\ie in refpeA of the faid principal lum c? one
Vpl.XV1iL I million

114 Anno dedmo fexto GeoROII n. Ci^, [i«

million by this ad before diredted to be advanced and lent \

the credit of the faid rates and duties, but alfo all and ever

annuities which (hall become due and payable to the conti

^^^ tors to the lottery herein after mentioned, their executors.

nuit^Ttobe n^iniftrators and afligns, in manner hereafter in this aft cx{

paid half- ed, until redemption thereof by parliament, according t

yearly. provifo herein after contained in that bdialf ; and that the

annuities at the rate of three pounds per centum per annum^ i

(bedt of the faid principal fum of eight hundred thouCmd pou

mail from time to time be paid half yearly, at the feaft o

birth of our Lord Chrift, and the nativitv of Saint Joh

Baptift, by even and equal portions the firft payment there

be due and payable at the feaft of the birth of our Lord C

one thoufand (even himdred and forty four.

Tickets to he loL each. Commiffioners of the treaftuy to appoiBi
nagers. Manner of the lottery books. Commiffioners of the treafi
appoint rrceifers. Receivers to cut the tickets out, and deliver tb
the contributors. Tickets undifpofed of* to be delivered into the c
<{uer. Other books to be prepared in two colunus. The fort
tickeu to be written upon, viz. upon two 10,000 1. Fourjoool.
3000!. Five toool. Fifteen zoool. Twenty five 500]. Two ho
«nd forty nine tool. Four hundred and iixty nine col. Eight tho
fix hundred and nineteen 20 1. Which fumSy together with coo L t
ficft drawn ticket, and 1000 1. to the laft drawn ticket^ will amov
205,7^0! which being added to 49^170!. on the remaining ft
thoufand fix hundred and ten blank tickets, at 7 1. each, do amow
'sether to 800,000 1. Management of the tickets to be done publ
Sfanner of drawine the lottery. Tickets to be filed as they are dj
together with the blank or pnse drawn aeainft it. A lift or the pri
be printed. Penalty on counterfeiting ticxets or certificates. Pdrc
not paying his whole contribution -money by the time fixed, Hal
^hat he has paid. Hdcets undifpofed of, fliali be delivered bade iiil
exchequer. Guardians of infants nuy place their money in the lo
Tickets to be exchanged for certificates after the lottery is drawn. £

Timely notice *XXVI. And be it further enaded. That fuch of the (aid

to be adver* nagers as any three or more of the commiffioners of the 1

tifcd, '^hf" fury, or the high treafurer for the time being, (hall appoii

ukoJ^iiT^Mid ^^^ ^^ *^ faid tickets, and deliver out the faid certificate

certificates ^uid in lieu thereof, (hall give timely notice by advertifemcB

delivered. be printed and publifhed in manner as they (hall think fi

the days and times for taking in the faid tickets, and delivi

out the find certificates, for and in lieu of the fame; and c

perfon's certificate (hall be numbered in courfe, accordin

Karnes of per- ^^ bringing their tickets to the (aid officer or officers k> I

fonsexchang-* appointed for exchanging the fame ; to which purpofe liid

ifif tickets, ficer or officers (hall enter or caufe to be entered into a boo

books, to be by him or them kept for that purpofe, the t

of every perfon who brings any ticket or tickets to beexeh:

ed for fuch certificate or certincates, and the number or n

Value of the *^^*^ °^ *^ ticket or tickets which fliall be fo brought by

prizes, and pcrfon or perfons, the value in principal money payable tl

the annuities upon, the annuity attendirig the fame, and the day of

atie«diiig the month, and the year of our Lord, when the fiuae wa

' 743 •] Anno decimo fexto Gborgii II. c. 1 3. 115

brought ; which book and books fliali lie open in the office to ^^nie, 8cc. to
be appointed for taking in the faid tickets to be exchanged for^^**^*** i*^*
fuch certificates, for all perfons concerned to perufe j all which
certificates (hall be figned by the officer or officers fo to be ap*
pointed, or the major part of them, and be diredted to the ac*
comptant general of the bank of England for the time being,

XXVII. And be it further ena<%ed by the authority afore-
laid. That the faid accomptant general of the b^nk of England
for the time being, to whom the faid certificates are to be di-
re£h?d as aforefaid, (hall, upon receiving and taking in the faid
certificates, or any of them, give credit to the perfons named
therein in the fame book or bookt, with the contributors for
the purchafe of the annuities, not exceeding one million herein
before dire6ted to be inferted in a book or books, or in any o-
ther book or books to be by him provided and kept for thut
porpofe, for the principal fums contained in every fuch certifi-
cate ; and the perfons to whofe credit fuch principal fums (hall
be entred in the (aid book or books, his, her or their executors Anntdtiet
and adminiftrators, (hall and may have power to aflign and ?^^12^**^
transfer the fame, or any part, (hare or proportion thereof, to *"*''^
any other perfon or perfons, bodies politick and corporate what-
focver, in other books to be prepared and kept by the faid ac-
comptant general for that purpofe ; and the principal fums (b
ailigned or transferred, (hall carry the faid annuity of three

Eunds per centum per annum, and (hall be taken and deemoi io
fiock transferrable by this ad, according to' the powers and
authorities herein after mentioned, until die redemption thereof
a% aforefaid ; and the faid accomptant general of the bank of
England for the time being, is hereby authorized and direAed
to cancel and file the certificates as they (hall from time to time
be received and taken in by him, and to give the pierfons bring-
ing in the fame, a note under his hand, tcftifying the principal
money for which they have credit in the faid book or books, by
reafon or means of the certificates fo received, taken in and can-
celled as aforefaid, and of the annuities attending the fame.

XX VIIL And for the more eafy and fure payment of the fe-
deral and refpeAive annuities, amounting in the whole to one
million eight hundred thoufand pounds, by this a6l authorized AnnuttTeift^
to be purchafed as aforefaid -, it is hereby further enadted by the be paid' at the
authority aforefaid^ That the faid governor and company of the bank*
bank of England, and their fucce(tors, (hall from time to time,
antU the faid feveral and rcfpedive annuities after the rate ot
three pounds per centum per annum (hall be redeemed according
to this a<^, appoint and employ one fufficient perfon within
their office in the city of London to be their chief or firft ca(hier
Df ca(hiers, and one other fufficient perfon within the fame of- .
Goe to be their accomptant general, and that fo much of the
monies from time to time arifing in the receipt of the exche- Money to be
^uer, of the rates and duties on low wines, fpirits and ftrongpidintotfce
iraters, by this adt appropriated for this purpofe, as (hall be excfcaaae?*
fafficicnt mm time to time to anfwer the faid feveral and re- ^ *

1 2 %c^ve

Ii6 Anno declmo fexto GeoRgii II. c. i^l [i743«

fpeAive annuities and other payments by this a6l direAed to be
paid or difcharged out of the lame, (hall by order of the com-
miflioners of his Majefty's treafury, or any three or more of
them now being, or the nigh treafurer, or commiifioners of the
treafury of his Majefty, his heirs and fucceflbrs for the time be-
ing, without any further or other warrant, to be fued for, had
or obtained in that behalf, from time to time at the refpec-
tiv9 half-yearly feaft days, or days of payment in this z& before
appointea for payment thereof, be iiTued and paid at the laid re-
ceipt of exchequer to the faid firft or chief caihier or caftiion of
the faid governor and company of the bank of England^ and thdr
fucceflbrs for the time being, by way of impreft, and upon ac-
compt, for the payment of the faia feveral and refpedive an-
nuities to be purchafed upon this a£l, at fuch times, and io
fuch manner and form as are by this a6l prefcribed in that be-
half; and that all and every fuch caihier or caftiiers to whom the
Cdhlcrt to ^^'^ monies (hall from time to time be iiTued, (hall from time
acsottiitback to time, without delay, apply and pay the fame accordingly,
into the ex- and render his account thereof accordmg to the due courleof
chequer. ^^ exchequer j any thing herein containol to the contrary not-
with(hinding.

XXIX. And it is hereby alfo enaAed, That the (aid accompt-
ant general for the time being, (hall from time to time infpeft
and examine all receipts and payments of the faid caflvier or ca-
(hiers, and the vouchers relating thereunto, in order to prevent

Annuities to ^ny fraud, negligence or delay; and that all and every perfim
pcrfonS ^^^ perfons whatfocver, who (hall be intitled to any of the £ud
Sftate. feveral and refpeiStive annuities, after the rate of tnree pounds

per centum per annum^ and all perfons lawfully claiming under
them, (hall be poiTefled thereof as of a perfonal eftate, and the
fame (hall not be liable to any foreign attachment by the cuftom
of Louden^ or otherwife, by any law, ftatute or cuftom to the con-
trary notwithftanding. |i

XXX. And be it further ena<fled by the authority aforefaid, 'i
TOounriJ^to '^^^^ ^" ^^^ monies to be advanced or contributed, or to which j
i,Soo,ooo 1. siny perfon or perfons (hall become intitled upon this aft, for or i
to be deemed towards the faid fum not exceeding one million eight hundred
meapital thoufand pounds, (hall be deemed, reputed and taken to be one
^^°^ * capital or joint (lock, on which the faid feveral and idjpeftive

annuities after the rate of three pounds per centum per enmm
(hall be attending; and that all and every perfon and peribni
and corporations whatfoever, in proportion, to the money by
him, her or them advanced, or to which they (hall become in-
titled as aforefaid upon this aA, (hall have, and be deemed to.
have a proportional intereft and (hare in the faid ftock, and in
the annuity attending the fame at the rate aforefaid ; and that
^hichii made |he (aid whole capital or joint ftock, or any (hare or intereft theie-
traatferrable. j^^^ ^^^ ^^it proportional annuity attending the fame, fliaD be
aflTignable and transferrable as this ad dire(5ls, and not otbctr-
W **^*^**™r ^'^^» ^'^^ ^^^^ ^^^^ ^^^' conftantly be kept at all fea(bnabls
to kM^mnt* ^^^^ ^^ ^ ^^^ ^^ ^^ '^^^ accomptant general for the time
fsr-bookf. beiog,

1743*] Anno dedmo lexto GsoRGii IL c. i^. n;

being, within the city of London^ a book or books wherein all
aflignments or transfers of the faid whole capital or joint (lock,
or any part thereof, and the proportional annuity attending the
Gime at the rate afoVefaid, (hall be entred and regiftred ; which
entries (hall be conceived in proper words for that purpofe, and
ihall be (igned by the parties making fuch a(rignments or trans-
fers i or it fuch parties be abfent, by his, her or their attorney
or attomies thereunto lawfully authorized, by writing under his,
ber or their hands and feals, to be attefted by two or more cre-
dible witnefles, and that the perfon or perions to whom fuch
transfer (hall be made, do underwrite his, her or their acceptance
thereof, and that no other method of afligning or transferring
the faid ftock, and the annuities attending the fame, or any part
thereof, or any intereft therein, (hall be good or available in
bw.

XXXI. Provided always. That any perfon or perfons po!IIe(r- Annuidet
fid of fuch ftock, with the annuity or annuities attending the ")^^ ^^
kme, or any eftate or intereft therein, may devife the fame by ^ ^
mil in writing, attefted by two or more credible witnefles ; but

hat fuch devilee (hall receive no payment thereupon, till fo much but ihall be
if the faid will as relates to the faid ftock or annuity be entred in ^J^^cd in die
he faid office ; and in default 6f fuch transfer or devife, the faid ^"^^^'
lock and annuities attending the fame, (hall go to the executots •
»r adminiftrators ; and that no ftamp duties whatfoever (hall be J^" j**^*-*?
jiarged on the £ud transfers, or any of them j any other law or ©utftamps.
tatute to the contrary notwithftancfing.

XXXII. Provided always, and it is hereby enabled by the au- Bank of Eng.
ixnrity afore(aid. That the (aid |ovemor and company of the l?nd to con-
MUik of England^ and their fucceflbrs (notwithftanding the re- JJ^I^^j^n^JjiJ
lemption of all or any their own funds, in purfuance of the ^efe an-
ifts for eftabliflung the fame, or any of them) (fkall continue a nuides are re*
sorporation, with all the powers, privileges and advantages deemed.
thereunto belonging, for the purpofes in this adl exprefled, till

ill the annuities to be purchafed on this aA (hall be redeemed
by parliament, according to the provifo herein after contained
in that behalf; and that the faid governor and company, or any
members thereof, (hall not ineur any difability for or by reafon
of their doing any matter or thing in purfuance of this a6l.

XXXIII. And it is hereby ena6led by the authority afore-

Ud, Th^t no fee or gratuity whatfoever fliall be demanded or ^^*^
taken of any of his Majefty*s (ubjedls for receiving or paying the
Eud coptribution-monies, or any of them, or for any tallies or
Other receipt^ concerning the fame, or for iflTuing the monies for

Eying the faid feveral annuities, or any of them ;,and that no
5 or gnituity (hall be demanded or taken for any transfer of any Penalty on
ftim, great or foiall, to be made in purfuance of this adl, upon ^**^"^S *^^*
pain that any officer or perfon offending, by taking or demand-
ing any fee or gratuity, contrary to this a(5l, (hall forfeit the fum
of twenty pounds to the party ^ieved, to be recovered with full
Qofts of fuit in any of his Majefty's courts of record at ffyi^

1 3 XXXIV. Pro-

^i8

CommifTion-
crs ot the
treaiury to
appoint the
0Oaries for th^
leveral ofE-

^^nner of
paying dcfi*

Anno decimo fcxto GeoRGIi II. Ci 13. [1743.

XXXIV. Provided always, and it is hereby enaSed by the
authority aforefaid. That the commiffioners or the treafury, or
any three or more of them now being, or the high trcafurer, or
any three or more of the commiffioners of the treafury for the
time being, fliall have power, and they are hereby authorized
to fettle and appoint fuch allowances (out of the contributions to
the lottery herein before mentioned) as they (hall think juft and
reafonable for the fervice, pains and labour of the receiver or re-
ceivers of the contributions to the faid lottery, for receiving and
accompting for the fame ; as alfo for the fervice, pains and la-
bour of the caOiier or calhiers of the governor and company of
the bank of England^ for receivmg at^ accounting for the cod-
tributions to the annuities granted by this z6k ; and alfo fuch
further allowances out of the rates and duties on low wiiies»
fpirits and ftrong waters, appropriated by this aft, as they (haH
think juft and reafonable for receiving, paying and accoowtiiig
for the feveral and refpedive annuities payable in refpcA mere-
of; and alfo for the fervice, pains and trouble of the accomptant
general of the faid governor and company, for performine the
duty and truft incumbent on him by this ad; all which afloiN
ances hereby impowered to be made as aforesaid, in reiped of
the fervice, pains and labour of any officer or oEcers ctf the find
governor and company, (hall be for the ufe and benefit of ti»
laid governor and company, and at their difpofal only ; anything
herem contained to the contrary notwithftanding.

XXXV. And it is hereby enafted by the authority afbie&id,
That if at any time or times the produce of the faia rates and
duties on low wines, fpirits and ftrong waters, (hall happen^ts
be fo low or deficient as that the monies ari(ine thereby Into die
exchequer (hallnot be fufficient to pay and dilcharge the iefcnl
and refpedlive annuities, and other charges by this ad dire6id
to be paid thereout, at the end of cither of the refpedive btif-
yearly days of payment, at which the (ame are hereby dircAdi
to be paid; then, and fo often, and in every fuch cafe, fuck
deficiency or deficiencies (hall and may be fupplied out of the
overplus monies that (hall or may happen to arife and be jaii
into the exchequer, in any of the fub(equent half years, as the
faid refpedive annuities (hall from time to time become doe and
payable ; and m cafe fuch overplus monies (hall not be fufficient
to (atisfy the deficiencies hereby intended from time to time to be
paid thereout, that then and in every fuch cafe, the ddidencies
Jo from time to time happening, (hall from time to tione be an-
fwered and made good by and out of the firft fupplies which (hall
be granted in parliament next after fuch deficiencies (hall atf»*
pear ; and in cafe no fuch fupplies (hall be granted withjn iut
months next after fuch deficiencies (hall happen, then the (aflio
(hall be made good out of any of the monies wliich at any time
or times (hall be or remain in the receipt of the exchequer, of
fhe furpluflesy excefies or overplus monies, commonly odhd
the Siniing Fund (except fuch monies of the fame finking fund,
^s are appropriated to any particular ufe or ufes by any foroKr

aa

1 743.] Anno dedmo ibcto Georoii IL c.13. 119

Sk or ads of parliament in that behalf) and fuch monies of the
lid finking fund (hall and may be from time to time ifliied and
pplied accordingly.

XXXVL Provided always, and be it enaded by the autho- Sinking fond
ity aforefaid. That whatever monies (hall be fo iffued out of J^^*'"^!^
tic faid finking fund, fliall from time to time be replaced by fifpScs'T'^
nd out of the iirft fupplies to be then after granted in parlia-
lent.

XXXVn. Provided always, and be it enafted by the autho-
ity aforeCud, That in cafe there (hall be any furplus or re*
laioder of the monies arifing by the faid rates or duties, after ?^y^ t^_r
ic faid feveral and refpedive annuities, and all arrears thereof ^p^^j^S^^ ^
re fiuisfied, or money fufficient (hall be referved for that pur-'nfeor.
(xk i fuch furplus' or remainder (hall from time to time be re*
rv^ for the difpofition of parliament, and (hall not be i(rued
ut by authority of parliament, and as (hall be direded by fii-
ire act or ads of parliament ; any thing in any fprmer or other
St or a6ts of parliament to the contrary notwithftanding.

XXXVIlI. Provided aUb, and it is hereby enaded by theProvifoofre.
Othority afbre£ud. That at any time ujpon one year's notice to dcmption.
e printed in the London GazitU^ and aflsxed upon the Royal Ex^
wu^e in London^ by authority of parliament, at any of the
jl^yearly feaft days for payment of the (aid refpedive annuities,
C other of them, and upon repayment by parliament of the
eljpedive principal fums for which the (aid refpedive annuities,
fc either of them, (haU be payable to fuch refpedUve perlims or
:orporations as (hall be intitled to the fame annuities, and alfo
ipoQ full payment of all arrearages of the fame annuities ; then,
ind not tUl then, the (aid refpedive annuities (hall cesife and
letermlne, and be underftood to be redeemed, and from and
ifter fuch redemption, the monies arifing firom the faid rates or
faities (hall not be ifiiied or applied to any other ufe or purpofe,
iMit as (hall be direded by future ad or ads of parliament ; any
liing in this or any former ad or ads of parliament to the con-
trary notwithftandmg ; and that any vote or refolution of the Notice of re«
bou(e of commons fignified by the fpcaker in writing, to be in-^ dcmption.
(ortcd in the Lmdon GazetU^ .and affixed on the Royal Exchango
ID Undm^ as aforelaid, (hall be deemed and adjudged to be fuf-
Gdent notice within the words and meaning of this ad.

XXXIX, And it is hereby enaded by the authority afore-
bid. That if any perfon or perfons (hall at any time or times bo
filed or profecuted for any thing by him or them done or exe-*
pited ia purfuanpe of this id, or of any matter or thing in this
ad contamed, fuch perlon or per(bns (hall and may plead tjic gc- General iffue,
floral iflue, and dve the fpeciai matter in evidence for his or their
defence; and if upon the trial a verdid (hall pafs for the de-
fiendant or defendants, or the plaintiff or plaintiffs (hall become * *^*°** ^^^
nonfuited, thm fiich ddfendant or defendants (hall have treble
^Q(b to l^m or them awarded againil fuch plaintiff or plains
ftffkf

I4 No

w

1^0 Anno decimo fexto GcoRGii II. c. 14, 15: tiT43*

Ho dividing or lettjng oat tickets but for the whole time. OfBce-keepert

Siubliihing ichemet for gaming mth tickets not in their pofieffion* to for-
cit 500!, E^p.

CAP. XIV.

/i^0L6t forpuniOiing mutiny and defertion; and for the better payment
of the army and thdr quartos. £xp.

CAP. XV.

\4» aSfor the more eafy and effeSiual conviiHon af offenders
found at large within the kingdom of Grtzi Britain, after
thef have been ordered for tranfportation.

' HE R E A S many felons and other offenders dready orderedj
, . orberMfter U be (frdered for tranfportation^ or who have
fipon eertain conditions agreed to tran^ort themfehes^ ettherfor Ufe^
orforfome term or ftunmer of year Sy according to lawj bayedlreadji or
hereafter m^ come on Jhore^ or return into Great Britain^ bifvre
they have been a^ualfy tranfported or tranfported tbemfehes to Ame-
rica, or have already^ or may hereafter break gaol or ifcape before
fuch tranfportation : and whereas many of the offenders aforefiud baye
ofcaped by reafon of the great expence that is necejfary/or profecit&ig
Juch offenders to eonvi/tion ; for remedy whereof may it ple^e your
moft wccellent Majefly that it may l>e enacted, aiid be it enafled
by tHe King's moft excellent majeftv, by and with the idfice
^d confent of the lords fpiritual and temporal, and comoKXis,
in this prefent parliament afTembled, and by the authority of
pbnvi^ not the fame, That if any felon or other offender already ordm,
tranfporting or hereafter to be ordered for tranfportation, or who hath al-
refum ^^^y ^^ ^^^^f^^ 'hall agree to trahfport him or herfclf on ccr-

fore their ' ^^^ conditions, to any of his Majefty's colonies and plantations
fime, to fuffer in Jmeriea^ either for life, or any number of years, (hall bo
death. afterwards at large within any part of the kingdom of Great Bri"

$aint without ftrnie lawful caufe, before the expiration of the
term for which he or (he were fo ordered to be tranfported, of
had fo agreed to tranfport him or herfclf, all and every fuch per-*
Ion or perfons being thereof lawfully convi^ed, fliall fuffer
death as in cafes of felony, without benefit of clergy.
Manner of I'* ^^ ^ '^ further enaded by the authority amrefaid. That
trying con- «very fuch offender or offenders mall be tried for any of the of-
▼ietsretumed fences aforefaid, before fuch Judges, and in fuch manner, and
£rom tranf. |)|e fg^c evidence made ufe of, for his or her convi6lion, as is di*
SGM.x!c.st. ^^^ '^^ *"^ by the ftatute made in the fixth year of the rcigtt
' * ' of his late majdly King George the Firft, intituled, Jn off for m
further preventing robbery and burglary, and other felonies^ and for
the more effectual tranfportation of felons^ in cafes of felons return-
ing from tranfportation.
III. And for the encouraeement of fuch as (hall profecute to
Reward 4ni convi£lion any of the offenders aforefaid ; be it further enaded
^^^"^ by the authority aforefaid. That whoever (hall difcovcr, ap-
W*^* prehcnd, and profecute to conviftion of felony without benefit of
dcr^yj any fuch offender cnr offenders fg found at \ef^ within

1743*] Annodecimo fexto Georgii II. c. 169-^18. ii|

the kingdom c^ Great Britain^ (hall be intitled to a reward of the
Aim of twenty pounds, for eva7 iuch offender ib convided as
aforefaid, and (hall have the like certificate and like payments
made without fee or reward, as any perfon or perfons may be
intitled unto for the apprehending, profecuting, and convioing
of highwaymen, by any law or laws for that purpofe.

CAP. XVI.

An aft for enlarging the term and powers granted by an z6t pafTed in the
iixtb year of the reign of hit prefent Ma)efty, intituled. An aSfor the
more efftaud ripamtig thi roads Uadrngfrom WadeV mXL im thi cmiMtj tf
Ijertlord, to Barley and Royfton im the faideommtj.

fiioSS Geo. 1. Cm S4. coKtimudfor %ijian,

CAP. xvn.

An aft for the relief of infolrent debtors. Exp. >.

CAP- xvin.

4n aS to empower iuftices of the peace to aS in certain cafes
relating to parijbes and places^ to the ratfs 0nd tofccs of
which they are rated or chargeahU.

WHEREAS dmbts have arifen whether^ according to the ^^
lawi andjatuies now inforce^ his Majeflfsjuftices of the SSitChMte
peace may lawful^ oR in any cafe relating to the parijbes or places to a Kenning-
tbe rates and ta;ces of which fuch jufiites refpeHively are, rated or ton M.
chargeable: may it pleafe your Majefty that it may^ be enaAed, i6Geo.».B.R.
and be it enaAed by the King*8 moft excellent majefty, by and
with the advice and confent of the lords fpiritual and temporal,
and commons, in this prefent parliament aflembled, ami by
the authority of the fame. That it (hall and may be lawful to jafKcesmay
and for all and every juftice or juftices of the peace for any enforce the
county, riding, city, liberty, firancbife, borough, or town-l^^TJ^S
corporate within theu" refpedive jurUiliAions» to make, do, and J^j^J^.
execute all and every a^ or ads, matter or matters, thing or tho* they arv
things appertaining to their office as iuftice or juftices of the chargeable
peace, fo far as the fame relates to the laws for the relief, main- themfelves
tenance, and fettlemcnt of poor oerfons \ for pafling and
puniftiing vaunts; for repair of the biphways ; or to any other
laws concerning parochial taxes, levies, or rates } notwith-
fianding any fuch juftice or juftices of the peace is or are rated
to or chargeable with the taxes, levies, or rates within any fuch
parifti, townftiip, or place affedted by any fuch ad or ads of fuch
juftice or juftices as aforeliud.

II. And be it further enaded by the authority ^Iqrpf^iid, That ^^ ^^ ^^
no ad or ads, matter or matters, thing or things, which hath juftices here*
or have been before the makine this ad done, made, or exe- tofore done,
cuted, by any fuchjufticcor juftices of the peace, (hall hereafter ftiaUbemad^
be quaft\ed or declared void, becaufe the fame hath or have S^cmfclwaw
been fo made, done, or executed by any fuch juftice or Juftices, fo ratc<J.
rated or chargeable as aforefaid, any law, ufage, or cuftom what*
fcever to the contr»iry notwithftanding.

}II. Pro.

laa Anno dcdmo fexto Gborgii IL c. i$»~24: [174^*

ftrnfet in. Provided always, and be it further eaaded by the av*

thority aforefaid. That this aA, or any thing therein contained,
ihall not authorize or impower any juftice or juftices of the
peace for any county or riding at lam, to z& in the determina-
tion of any appeal to the quarter feflSons for any fuch county or
riding, from any order, matter, or thing relating to any ioch
parifii, townfhip, or place, where fuch juftice or juftices of the
peace is or are fo charged, taxed, or chargeable as. afoitlaid;
any thing hexein contained to the contrary in any wife notwith-
ftanding. ^

CAP. XIX.
An 9€t for enlarginr the term and poivers gpranted by aa a£h pafled in
the tenth year ofthe rei^ of his late majefty King George the Flrft»
intituled, An tiB fw rtpatrmg €md ammAng tbi b^hwofs frmn tbt wtrtb
part of Harlow'lmfli Comwun^ im the fati/b of Hvwoit 'i$ Wmtfmrd m tbt
cowiiy of EJex.

7ti aB 10 Gto, I. e. 9. tmdnmdfor xiyegrs.

CAP. XX.

An aft to explain and amend an aft pafled in the twdfth year of the
„? fx.'. r^_. m*_?^A_ r — — ^|j^ jp^j ^^ the Dun Coir

y of Warwick, and from
worthampton.

72i« aS 11 Geo* s. c. iS. omtndtdn

CAP. XXI.
An aft for continuing; and making more effeftual an aft pafled in the
ninth year of the reign of hit hte ma}efty King Geoige the Firft^ fir
npmrf9» tbo bigbwi^ from tbt ciijf of Gkmoftr to tbi ^^ Btrd^iH
biin tbi roadto Lomiotti md from tbi fiot of tbi fsad IM to tbi topif
CHMj^'biU, being tbe roeid to Oxford*

TbeoB^ Geo. i. e. 31. comtmudfor 11 jears.

CAP. xxn.

An aft for repairing the road leading from the town of Cirencefter in the
county of Gloocener, to a place called the Monument upon I^anfiloim
in the fiime county.

Cirtam toUs graatid/or ai fuu^t.

CAP. xxin.

An aft for continuing an aft made in the thirteenth year of the rdgn of
hit late majefty King George the firft, intituled. Ax oBfor mmemSng md
ripmnixg tbe roxdsfrom ItrtMr m tbe eoKxty rf Bedford^ to Uyhuood^ede m
ibe faidcoxntu emdfor refeijrixg tbe roads from Lxtox, to Seua Mem^s if
(bi coxntjf of Her^ord

7bfaBi% Geo. s. c. 17. eontmxedfor 11 jmmt/.

CAP. 5CXIV.

An aft (or reftii^tng miftakes in the names of the commifEoners tot tbe
land tax for tne year one tkoufaad feyen hundred and forty two» aa4
for the appointing other per(bns» toeetfaer with thofe named for the
fasd year, to put in execution an aft of this prefent feffion of parivi^
ment, intituled, An oBfor granting an aid to bu Minify by a taxdtaxt^
bi raifed in Great Britain, for tbefervice of tke jear one tboejemdfivea tar
dred and forty tbrii. EXP.

CAR

1743-1 Anno decimo &xto Georgij II. €.25. taj

CAP. XXV.

An aSifor granting to bis Myefty the jum of one mtlUon oui
of the Jinking fundy and for appfying a further fum therein
mentioned^ for the fervice of the year one tboufand feven
hundred and forty threes and for the further appropriating
Shefupplies granted in this fejfion.of parliament.

Moft graeieus Sovereign^

WE your Majefty's moft dutiful and loyal fubjcfts, the Preaifibie.
commons of Great Britain in parliament ailembled, be*
ing defirous not only to raife fuch -fupplies as are neceflary to
enable your Majefty to carry on the preicnt war with vigpur, but
alfo to ufe fuch ways and means therein, as that your Majefty
may have the better and more fpeedy effedl of the faid fupplies,
have ref6lved to give and grant unto your Majefty the fum of
one million out of the furplufles, exceiles, and overplus mo-
nies, commonly called The SiftJting Fundj towards the fupply
granted to your Majefty for the fervice of the year one thou-
land feven hundred and forty three ; andi ^o that end and pur-«
pofc do moft humbly befeech your Majefty that it may be en«
aAed, and be it enacted by tne King's moft excellent majefty,
by and with the advice ana confent of the lords fpiritual and
temporal, and commons, in this prefent parliament aflembled,
and by the authority of the fame. That by or out of fuch mo-
nies as now are, or fliall from time to time be and remain in
the receipt of the exchequer, of the faid furpIofTes, excefIes,or
overplus monies, commonly called The Sinking Fund (after pay-
ing or referving fufficient to pay s^l fuch fum or fums of money
as have been direded by any former aft or a6ls of parliament
to be paid out of the fame) there ftiall and may be ifliied, and
applied, a fum not exceeding one million, for and towards the Treafury to*
fupply granted to his Majefty for the fervice of the faid year one ifTueoutoftlM
thouland feven hundred and forty three; and the commiflioners fin^^ing f»"|**
of his Majefty's treafury, or any three or more of them now *>®oo,«ool.
being, or the high treafurer, or any three or more of the com-
taiirioners of the treafury for the time being, are hereby autho-
rized and impowered to iflue and ilpply the fame accordingly.

II. And be it further enafted by the authority aforefaid, Tnat Other nion^
the^fum of twelve thoufand four hundred ninety two pounds, appropriated
ten ftiillings and five pence three farthings, now remaining in ^Jb^p^Sfent
the receipt of his Majefty's exchequer, granted for the fervice year.

of the year one thoufaf^d feven hundred and forty two, but not
applied for the fervice of that year, (hall and may be ifTued and
applied as part of his Majefty's fupply granted for the fervice of
the year one thoufand feven hundred and forty three; any law,
ftatute or provifion to the contrary to any wife notwithftand-
ing.

III. And it is hereby enaded by the authority aforefaid. That aanfe of
in cafe the faid commiflioners of his Majefty's treafury, or any loan at 3 L
three or more pf them, or jht higl> treafurer for the time being, percent.

ftiaU

»«4

Tallies of
loan to be
ftruck.

The manner
of payment.

jio undue
prcfcreiH^e.

Anno decimo fexto Georoii II. c. 25. {i743'

ihall think it advifeable to raife the faid Aim of one million, or
any part thereof, by loans or exchequer bills, in manner here-
after mentioned, that it (hall and may be lawful to and for any
perfon or perfons, natives or foreigners, bodies politick or aM**
Dorate, to advance or lend to his Majefty, at the receipt of his
Majefty's exchequer, any fum or fums of money not exceeding
the faid fum of one million, upon the credit of the faid fur«
plufles, excefles, and overplus monies, commonly, called fbe
Sinking Fund-, and to have and receive for the forbearance of the
money lent, intereft after a rate not exceeding three pounds
per centum per annum^ to as fuch loans be allowed to be made by
the faid commiflioners of the treafury, or any three or more oif
them now being, or the high treafurer, or zny three^ or more
of the commimoners of the treafury for the time being, who
Are hereby authorized to ilTue their warrants for that purppfe as
fad as fuch loans (hall be wanted for the pubiick fervice; and
moreover that no money fo to be lent upon the fecurity of this
2iSt (hall be rated or allefled to any tax or a(le(Ih\^nt whatfb*
ever.

IV. And be it further enacted. That all and every perlon
and perfons who (hall lend any money upon the credit of this
z& as aforefaid, and pay the (ame into the receipt of tl^ ex-
chequer, (hall immediately have a tally of loan (Iruck for the
fame, and an order for his, her, or their repayment, bearing
the fame date with his, her or their tally, in or upon which order
ihali be alfo contained a warrant for payment of intereft for the
forbearance thereof, not exceeding the faid rate of three pounds
per centum per annum^ and to be paid every three months, until
the repayment of tlie principal ; and all fuch orders for repay-
ment of money fo to be lent (hall be regiftred in courfe accord-
ing to the dates refpedtively ; and that all and every per(bn and
perfons (hall be paid in courfe, according to their orders (hall
ftand regiftred in the faid regifter books, fo as the perfon or
perfons, natives or foreigners, his, her, or their executors, ad-
Dfiiniftrators, or aflfigns, who (hall have his, or their order or
orders firft entred in the faid books of rafter, (hall be taken
and accounted to be the fivA perfon or perfons to be paid out
pf the faid fgrplufles. or excefles, and overplus monies ; and he,
(he, and they, who (nail have his, her, or their order or orders
pext entred, (hall be taken and accounted to be the fecond per*
fo be paid, and fo fucce(rively and in courfe -, and that the mo*
nies to come in of or for the faid furplufles, exce(res, and over-
plus monies, commonly called The Sinking Fund^ as aforefaid.
(hall be in the (ame order liable to the fatisfadtion of the faid
refpedUve perfons, and body or bodies politick or corporate,
^h^ir executors, adminiftrators, fucceflbrs, or adigns refpec-
tively, without undue preference of one before another, and
not otherwife ; and (hall not be diverted or divertible to any
other ufe, intent, or purpofe whatfoever (other than fuch mm
and purpofes as are appointed by any other acSt or a£b of par-
liament in that behalf as aforefaid }) and f hat pg fe^^ rcYvar<i>
' '*" * " 9

1743*1 ^'^^ dedmo fexto GsoROii 11. c.25. 125

or gratuity direAly or indiredUy (hall be demanded or taken of No fee to be
any of his Majefty's fubjedts tor providing or making of any^'*''*"*
fuch books or regifters, or any entries, views, or fearcnes in or
for payment of money lent, or the intereft thereof as afbrefaid,
by any of his Majtfty's officer or oflkers, their clerks, or depu*
ties, on pain of pavment of treble damages to the party grieved on pais of
by the party offending, with full cofts <x fnit -, or if the officer trd>le da*
himfetf take or demand any fuch fee or reward, then to lofe m^c«»«nd
his place alio ; and if any undue preference of one before ano- ^
other (hall be made either in point of regiftry or payment, con* Penalty for
trary to the true meaning of this aft, by any fuch officer or ""**"* pfcfc-
officers, then the pany offending (hall be liable bya^ion of**^^'
debt, or on the cafe, to pay the value of the debt with full co(ls
of fuit to the party grieved, and (hall be forejudged of his office
or place ; and if fuch preference be unduly made by any his
deputy or clerk, without direAton or privity of his mafter, then
fuch deputy or clerk only (hall be liable to fuch adion, debt,
damages, and cofts, and (hall be for ever after incapable of his
office or place; and in cafe the auditor of the receipt (hall not
direct the faid orders of loan, or the clerk of the pells record, or
the tellers make payment upon fuch order, accoixiing to each
perfon's due place and order as before diredted« then he or they
(hall be adjudged to forfeit, and the refpedtive deputies and
clerks therein offending, to be liable to fuch aAion, debt, dam-
ages, and cofts, in fuch manner as aforefaid; all which faid pe-
nalties, forfeitures, damages, and cofts, to be incurred by any
the officers of the exchequer, or any their deputies or clerks^
(hall and may be recovered by adHon of debt, bill, plaint, or in-
formation, in any of his Majeftv's courts of record at fVeftmin'
fter\ wherein no eflbin, prote^on, privilege, wager of law,
injunction, or order of reftraint (hall be in any wife granted or
allowed.

V. Provided always, and it is hereby declared. That if it Provifoes ic
ihall fo happen that feveral tallies of loan or orders for pay- lating to un-
ment as aforefaid, bear date, or be brought the fame day to the ^^ prefer-
auditor of the receipt to be regiftcfed, then it (hall be interpret- ""^^*

ed no undue preference which of thofe be entered firft, fo as he
enters them all the fame day.

VI. Provided alfo. That it (hall not be interpreted any un-
due preference to incur any penalty in point of payment, if the
auditor dired, and the clerk of the pells record, and the tellers
do pay fubfequent orders to perfons that come and demand their
monies, and brin^ their orders, before other perfons that did
not come to take their monies, and bring their orders in courfe,
fo as there be fo much money referved as will fatisfy precedent
orders, which (hall not be otherwife difpofed of, but kept for
them ; intereft upon loan being to ceafe from the time the mo-
ney is fo referved and kept in bank for them.

VII. And be it further enadted. That all and every perfon Mctliod of
and perfons to whom any money (hall be due for loans to be transftrriaf •
reg^(ler€d by virtue of this aAy after order entered in the book

of

12$ Anno declnio fczto Georgii II. c. 25'. r'743*

of regifter as aforefaid, his, h^, or their executors, adminiftra-
tors, or affigns, by proper words of affignment to be indorfed
and written upon his, her, or their order, may affign or tnuit«
fer,'.his, her, or their right, title, intereft, and benefit of Aicb
order, or any part thereof to any other; which being notified
in the office of the auditor of the recdpt aforefaid, and an entry
or memorial thereof alfo made in the book of regiftry aforefaid
fi^r orders (which the officers (hall upon requeft without fee or
charge accordingly make) (hall intitle fuch aflignee, his, her, or
their executors, adminiflrators, fuccefibrs, and ^ftiff^Sj to A$
benefit thereof, and payment thereon, and fuch a(fignee marin
like manner aflign again, and fo Mies fuoties ; and afterwards it
(hall not be in the power of fuch perfon or perfons who have or
hatii made fuch afiigrfment, to make void, releafe, or difcharM
the fame, or any the monies thereby due, or any part thereon
VIII. And to the end there may be no want or failure of a cer-
tain fum not to exceed in the whole the faid fum of one million,
to be raifed either by fuch loans as aforefaid, or by i(fiiin^ ex-
chequer bills as is herein after mentioned, or by both or either
of thofe ways or means for the publick fervice ; be it further cn-
aded by the authority aforefaid. That in cafe the commi(fioner$
The money of his Majeftv's treafury, or any three or more of them now
^y be raifcd being, or the nigh trcafurer, or any three or more of the oom-
^^xcbequer niiffioners of the treafury for the time being, (hall judge it more
advifeable to raife the faid fum of one million, or any part
thereof, by exchequer bills, inftead of fuch loans as aforeUid,
that then they refpeftively are hereby authorized and impowered
at any time or times to prepare and make, or caufe to be pre*
pared and made at the exchequer, any number of new exche-
quer bills, for any fum or fums of money not exceeding in the
whole the faid fum of one million, together with fuch loans as
aforefaid, in the fame or like manner, form, or order, and ac-
cording to the fame or like rules and directions, as in and by a
certain a6l of parliament for granting an aid to his Majefty by
a land tax, for the fervice of the year one thoufand feven hun-
dred and forty three, are enadled and prefcribed concerning the
exchequer bills to be made in purfuance of the faid a6t.
All advan- ^^- ^^^ ^^ *^ further enabled by the authority aforefaid. That
taees and pe- all and eveiy the claufes^ provifoes, powers, privileges, advan-
naTtiet con* tages, penalties, forfeitures, and difabilities, contained in the
taincd in the fajd laft-mentioned a6t relating to the loans or exchequer bills
rcuSnr^to authorized to be made by the fame a(5l (except fuch claufes as
loara (^ ex. do charge the fame on the aids, taxes, or afTeiTments granted by
chequer bills, the fame 2L&) (hall be applied and extended to the exchequer
*h^^"^^ to bills to be made in purfuance of this ad, as fully and eflfeAually
thw act. ^ gj] intents and purpofes as if the faid exchequer bills had
been originally authorized by the faid laft-mentioned a6V, or as
if the faid feveral claufes or provifoes had been particularly re-
peated or rc-cna6\ed in the body of this prefent act.
The exohfc* X. And be it enafled by the authority aforefaid. That all the
^uerbillstobe cstcbequer bills as (hall be made in purfuance of this a£t, and

tho

1 743 .] Anno dedmo fexto Georgii II^ c 25. J127

:h€ iruereft, premium, rate, and charges incident to, or attend- P^^.^^ ^
ing the feme, (hall be and are hereby charged and chargeable ^^?J^
upon and (hall be repaid and borne by or out of the growing
produce ol the feid furplufles, excefles, and overplus monies
commonly called The Sinking Fund (except fuch monies of the
(aid finking fund as are appropriated to any particular ufe or
ufes by any former or other aA or adts of parliament in that
behalf) and fuch monies of the faid finking liind (hall and may
be iiTued and applied, as faft as the fame can be rq;ularly ftatea
and afcertained, for and towards paying off, caoceiling, and
difcharging fuch exchequer bills, interdd, premium, rate* or
charges, until the whole of them fliall be paid off, cancelled,
and difcharged, or money fufficient for that purpofe be ko^t and
refervcxl in the exchequer, to be payable on demand to the re.*
fpedive proprietors thereof.

XL Provided always, and be it further enaSed by theautho- Appliotkmof
rity aforefaid. That all the monies-coming into the exchequer, the fuppliet.
eitner by loans or exchequer bills, upon one aA.of this feffion
of parliament, intituled, Jn a&for granting an aid id bis Majejiy Land tax.
by a land taXf to be raifed in Great Britain, jfn- tbi Jirvice of the
year om tboufand feven hundred and forty tbree ; and (o much mo-
ney (if any fuch be) of the tax thereby granted, as (hall arife
or remain, after all the loans or exchequer bills mad#or to be '
made on the fame a£t, and all the intereft, premium, rate and
charges thereon, and the chai^ges thereby allowable for raifing
the faid land tax, (hall be fatisfied, or money fufficient fliall be
referved in the exchequer to difcharge the lame; and all the
monies coming into the exchequer, either by loans or excheauer
UUs, upon one other uSt of this (effion of parliament, intituled,
Jn ad for continuing tbe duties upon maltj mum^ cyder^ and perry^ j^^ ^^ue^
in that part of Great Britain calUd England, and for granting to
bis Majefty certain duties upon malt^ mum^ ^der, and perry ^ in tbat
part of Great Britain called Scotland, for tbe fervice of tbe year
one tboufand fcven hundred and forty tbree ; and (b much money
(if any fuch be) of the duties thereby granted, as (hall arife or
remain after all the loans or exchequer bills made, or to be
made on the fame a<5t, and all the intereft, premium, rate, and
charges thereon, and the charges therd)y allowable for rai(ing
the Uid duties, (hall be fatisfied, or money fufficient (hall be
referved in the exchequer to difcharge the fame; and alfo the ,
fum of five hundred eighteen thoufand (ix hundred pounds
coming into the exchequer, by loans, exchequer bills, or an<-
nuities, upon one other a<£i of this feffion of parliament, inti-
tuled. An off for repeating the feveral raus and ikties tifw vi&uaU Licences far
lers and retailers of beer and ale within tbe cities of London and^^^'^^^Sj^"
Weftminfter, and tbe weekly Mis of mortality^ and for transferring ^^^^
the exchequer bills unfatisfied thereupon to the duties for licences to
fill fpirituous Uquors and firong waters by retaie ; and dfo for en^
Ming his Majefty to raife a certain fum of money for the fervice of

tbe year one thoufand feven hundred and forty tbree j to be further

liarg^ on ibtfotd dutteifor licences 4 ana charged upon the diuties

to-

128 Amo dedmo fdcto GfioRGll 11. c. 25: ['74^

to arife by licences for felling fpirituous liquors and ftrong ykz*
ters; and alfo all the monies coming into the exchequer by an-^
nuitiesy after the rate of three pounds per centttm perannum^ and
by contributions by way of a lottery, upon one other ad of this
Lottery an* feilion of parliamentt intituled, AnaQUrrenfingby anmntiami
nuitict. a lottery^ in tnantur therein mentioned f tie fum of one mMun eight

hundred thoufand pounds^ at three pounds per centum per annum,
forthe fervite of the year me thoufand fevm hundred and forty three;
and the fum of twelve thoufand four hundred and ninety two
pounds, two (hillings, and five pence three farthings, granted
for the fervice of the year one thoufand feven hundred and forty
two, but not applied for the fervice of that year ; and alfo the
fum of one million by this aft granted as aforeiaid, (hall be
further appropriated and applied, and are hereby appropriated
for and towards the feveral ufes, intents, and purpo(es herein
after exprefled ; that is to fay, it is hereby enabled and declared,
«,ft68,55S 1. 'pii^i^ Q^t ^ ^i Qf 2iQy iii^ 31^3 Qf fupplies aforefaid, there fludl

navai^(ervices. ^^ ^^y ^ iflued and applied, any fum or fumsof money not
* exceeding two million two hundred (ixty eight thoufand five hun«
dred and fifty eight pounds, thirteen millings, and five pence^
ix or towards the naval (ervices herein after more particularly
expreiTed ; that is to fay, for or towards defraying the chaf^geof
the ordinary of his Majefty's navy ; and for balroay to fea officcni
and for or towards viftuals, wases, wear ancl tear of the navv,
and the vidtualling thereof peiformed and to be perfiMrmed,
and for or towards (ea (ervices in the office of ordnance perform-
ed and to be performed.
133.S71I. 8s* XII. And it is hereby enaded by the authority afbrdaidy
itd.for freight That out of all or any the aids or fupplies provided as aforefiud,
of tranfports. ^j^cre (hall and may be iflTued and applied any fum or fums of
money, not exceedmg one hundred thirty three thoufand eight
hundr^ feventy one pounds, eight (hillings, and eleven pencei
for freight of tranfports, between the firft day of January^ one
thoufand feven hundred and forty one, and the thirty firft day of
35>o75l*.9s« Duember^ one thoufand feven hundred and forty two ; and the
/or thcVimS ^""* ®^ ^^^ ^^^ thoufand and feventy five pounds, nine fiiil-
ibrces. lin^, and one penny, for the expence of viftuals provide^ for

his Majefly's land forces, between the firft day of January*^ one
thoufand ieven hundred and forty one, and the thirty fiidft flay of
December^ one thoufand feven hundred and forty two.
toyoool. to XIII. And it is hereby alfo enaded. That out of all (M* ant
^leenwicti the aids at fupplies as atorefaid, there (hall and may be Iffiied
boipitmi. ^j^j applied any fum or fums of money, not exceeding ten thou-
fand pounds, upon account, towards the fupport of the royal
hofpital at Greenwich^ for the better maintenance of the fcamen
of the faid hofpital, worn out and become decrepit in the fervice
of their country.
«44,6S6l. 7d. XIV. And it is hereby alfo enaAed, That out of all or any
to the office of the aids or fupplies as aforefaid, there (hall and may be ifiued
«diiajicc. and applied any fum or fums of money not exceeding twohun*
dred forty four thoufand fix hundred and eighty fix pounds, and

feven

743*] Anno decimo fexto Georgii II. c. 25. '129

nren pence, for or towards defraying the charge of the office of
rdnance for land fervice, for the year one thoufand feven hun-
red and forty three, performed and to be perfornied, and for
efraying the extraordinary expence of the ofEce of ordnance
>r land fervice, not provided for by parliament.

XV. And it is hereby likewife enabled. That out of all or i,to9,8oo1.
ny the aids or fupplies provided as afore&id, there (hall and i?** ^* tor
lay be iflued and applied any fum or fums of money not ex- g"*"*** g««*-
seding two million two hundred and nine thoufand and eight ra^JU^et.
undred pounds, feventeen Qiillin^s, and eight pence, for de-
aying the charge of guards, gamfons, and marines, and the
>ntingent charges thereof in Great Britain^ Gturnfey^ and Jerfey^
nd for maintaining his MaieA/s forces and garrifons in the
lantations, Minorca.^ and Gtbraltary and for provifions for the
arrifons of AnnapoUs Royaly Canfi^ Phtcentia^ Providence^ Gib^
altary and Georgia^ for the year one thoufand feven hundred
nd forty three ^ and for or towards defraying the charge of his Expence of
/lajefty's army abroad in the Low Countries^ Germanyy or elfc- the army in
^here; and for other fervices relating thereto, within or for one tbeLowCoua-
ear, to be reckoned from the twenty fifth day of December^ one ^^'^^^ &c-
[loufand feven hundred and forty two ; and any fum or fums of 4.v,435l. %u,
fioney not exceeding forty one thoufand four hundred and thirty sd. halfpenti/t
ive pounds, eighteen (hillings, and eight pence halfpenny, for ^ ***'**<*''<*>-
lefraying feveral extraordinary expences and fervices incurred "^^^^l^*"*
[1 the year one thoufand feven hundred and forty two, and not
trovided for by parliament ; and any fum or fums of money not «65.t9tl. Su
xceeding two hundred fixty five thoufand one hundred nmety ^' '*1* ^?^
>nc pounds, fix (hillings, and two pence farthing, for defray- troop^^"^
ng the charge of five thoufand five hundred and thirteen horfe,
nd ten thoufand feven hundred and fifty five foot, of the troops
f Hanover^ together with the general officers and train of ar-
illery, in the pay of Great Britain^ from the thirty firft of Auguft^
o the twenty fifth day of December^ one thoufand feven hun-
Ired and forty two, both inclufive; and any fum or fums of mo- 16,1371. iod«
icy not exceeding twenty fix thoufand one hundred thirty feven ^^ half-pay
xMinds and ten pence, upon account of half- pSiy to the reduced ^^^^^*
officers of his Majefty's land forces and marines^ for the year
)ne thouiand feven hundred and forty three, fubje6t to luch
ules to be obferved in the application of the faid half-pay, as
re herein after prefcribed concerning the fame; and any fum or 3,91s]. for -
urns of money not exceeding three thoufand nine hundred and penfiont to re-
ighteen pounds, for paying of penfions to widows of fuch re- ^|^^ "
iuced officers of his Majei^'s land forces and marines, as died
ipon the eftablifhment of half-pay in Great Britain^ and who
rere married to them before the twenty fifth day of December^
ne thoufand feven hundred and fixteen, for the year one thou-
md feven hundred and forty three; which faid fum of three
^loufand nine hundred and eighteen pounds, (hall be iflfued to
ich perfon or perfons, as his Majefty (hall, by warrant or war-
mts ander his royal fign manual, diredt or appoint to receive
le fa(me, to be by him or them paid over to fuch widows of

Vol. XVni. K half-

CO

lyy Anno decimo fcxto GAoRQii II. c. 15. [174$.

haif-par ofHcers, or tlieir alTigns, according to fuch eftabliih-
mcnts, lilts, or other diredions, and with and fubjeiSt to fuch
conditions, qualiiicationfi, or other allowances for the fame, as
bis Maj<f fty, by fuch and the like warraiu or warrants, (hall be
gracjoully plealed to diredt and appoint,
eoo.oool. to XVi. And it is alfo hereby cnadted. That out of all or any
fitpport (he the aids or fupplies provided as aforcfaid, there (hall and mav be
houfeof iflued and applied any fum or fums of money, not exo^oding
Auitna, &c. g^^ hundred thoufand pounds, upon account, towards enaUing
his MajeAy to concert proper meafures, and form fuch alliaqces,
or enter into fuch engagements with other powers as liis Maje-
fty (hall judge neceiTary for the fupport of the hou(e of Auftrk^
and reftoring the balance of power in Europe,
3,819!. id. XVII. And it is hereby enadtcd. That out of all or any tbe

to make good aids or fupplies provided as aforefaid, there (hall and may be
^be dcficioncv j[jfued and applied any fum or fums of money not ejcceeding
Samp dudM. ^^^^ thoufand eight hundred nineteen pounds, and ty^o peuoe,
^^ ' to replace to the (inking fund the like fum paid out of the fame,

to make good the deficiency of the additional (hiipp duties at
ChtiJlmaSy one thoufand feven hundred and forty x^ne; and any
42.000 1. for fum or fums of money not exceeding forty two thoufand pounds,
*"**^'*^*^bo ^^ replace to the iinkmg fund the like fum paid out of the i^OK,
rowc7on the ^^^ ^^^ year's intereft due on or before the fifth day of Nwm-
lalt duties. ^^r, one thoufand feven hundred and forty two on the principal
fum of one million two hundred thoufand pounds, lent 00 the
credit of the fait duties towards the fupply of the year one thou-
fand feven hundred and forty one ; and the fum of thirteen thou-
fand feven hundred and eighty fix pounds, ten (hillings, and
lid. haifpcn- ^'^^'^"^ pence halfpenny, to replace to the faid finking fund, the
ny/fordefi- like fum paid out of the fame, to make good the deficiency of
ciency on the duty of twelve (hillings per barrel, on fweets or wines made
fweets, and from Briti/h or foreign fruits or fugar at Michaelmas j one tlwHi-
low wines. ^^^^^ ^^^^^ hundred and forty two'; and the fum of four thoo-
idV^eficlency ^^"^ ^*^^® hundred and thirty three pounds,. ten (hilliogs^ai^
of tlie pot aft. one [)enny, to replace to the iaid finking fund, the like fump^
out of the fame, to make good the deficiency of the dudr upon
all victuallers and retailers of beer and ale, within tlie cities of
London and IVejiminJhry and the weekly bills of mortalilyy at
Miehaelmasy one thoufand feven hundred and forty two ; and
io,oool. to- any fum or fums of money, not exceeding; ten thoufand pc^unds,
wards main- to be applied towards the maintenance of the Britijb forts and
taming the fcitlements belonging to the royal African company of EMgkmit
Atncan^ ort«. ^^^ ^^^ coafts of Africa ; and any fum or fums of money not
pairing StPc- exceeding four thoufand pounds, towards the repairing and
ter'schufch, finilbing the collegiate church of Saint Peter^ fFeftminffir \ aod
Weftniintter. there (hall and may be ifliied to the truftees for e(labli(hingthe
V'\uw ^^^\ *^^'^"y °^ Georgia in America^ any fum or fums of money not
TOlony of exceeding twelve thoufand pounds, by them to be applied for
^fcorgia. further fettling and improving ihe faid colony.

XVIII. And it is alfo hereby enacted, That out of all or |Uiy
the aids or fupplies aforefaid, there a&all and may be XTued and

paid

174^0 Anno dedmo Jexto GeorGII IL C. 25. i^^^

paid to the commiflioners for building a bridge crofs the river

Thames^ from the city of fVeftminftir to the oppofite ftiore in

the county of Surrey, or any feven or more of them, or to fuch

perfon or perfons as (hall be appointed under the hands and feals

of the faio commiflioners, or any feven or more of them to

receive the fame, the fum of twenty five thoufand pounds, with* 25,000]. to-

Jut account, other than as is directed for the other monies raifed j^^^^'J^'

by virtue of the feveral former afts of parliament pafled during ftj^ bridge.*"*

lie reign of his prefent Majefty for building the faid bridge, to ,

le appjied towards enabling the faid commiffioners to fini(h the

aid bridge, and to perform the other truds repofed in them;

XIX. And it is hereby alfo enacfted. That out of all or any 58,8691. 15s.
he aids or fupplies provided as aforefaid, there (hall and may '^^: 1 ^^i*-

>e ifliied and applied any fum or fums of money, not exceeding warS thcde
ifty eight thoufand eight hundred fixty nine pounds fifteen (hil- ficicncy qf uie
ings, and feven pence three farthings, for making good the de- general fund.
iciency of the general fund for the year ended at Mubaehnas^
me thoufand feven hundred and forty two.

XX. And be it further enadled. That the faid aids or fup-
»ties provided as aforefaid (hall not be {(Tued or applied to any
ife, intenty or purpofe whatfoever, other than the ufes and pur-
K)fes before mentioned, or for the feveral deficiencies or other
ayments diredted to be fatisfied thereout by any aAor ads, or
nv particular claufe or clauies for that purpofe contained in any
»tner ad or ads of this prefent feflion of parliament.

XXI. And as to the faid fum of twenty fix thoufand one
lundred thirty feven pounds, and ten pence, by this ad appro-
riated on account of half-pay, as aforefaid ; it is hereby enaded

nd declared bv the authority aforefaid. That, the rules herein Rules for the
ftcr prefcrfbed (hall be duly obferved in the application thereof; *Pri>c*tion of
liat \% to fay. That no perfon (hall have or jreceive any part of ^*^*
lie fame, t^bo was a minor, and under the age of fixteen years,
I the time when the regiment, troop, or company, in which
eierved, was reduced ; that no perfon (hall have or receive any
art of the fame, except fuch perfons who did adual fervice in
)the rec;iment, troop, or company \ that no perfon having any
tfaer proce or employment of profit, civil or military, under
is Majefty, (h^ll have or receive any part' of the faid half-^pay ;
)at no chaplain of any garrifon or regiment, who has any ec-
lefiaftjcai benefice in Great Britain or Ireland^ (hall have or re*
»ve any part of the faid half-pay ; that no perfon (hall have or
:ceive any part of the fame, who has refigned his commi(rion,
ad has had no c6mmi(rion fince ; that no part of the fame
lall be allowed to any perfon by virtue of any warrant or ap*
Dintment, except to fuch perfons, who would have been other-
ife intitkd to the fame as reduced officers ; and that no part
F the fame (ball be allowed to any of th^ reduced officers of the
/e regiments of dragoons, ^nd eight regiments of foot, lately
(banded in Ireland^ except to fuch as were lately taken oBTthe
bbli(hment of half-pav in Great Britain.

XXII. And whereas by a£f of parliament made in the f/teenth isOtct^cif.

K 2 year

lj% Anno dccimo fexto Georgii II. c. 26. [1743.

year of his prefent Majejly's reign^ intituled^ An ad for granring
to his Majefty the fum of eight hundred thoufand pounds, to
be raifed by annuities transferrable at the bank of Engkmif «ad
for afcertaining the cuftoms and duties upon quickfilver taken
as prize during the prefent war; and for the further appropriate
ing the fupplies granted in this feflion of parliament ; feverd
fuppliis which had been granted to his Majejiy^ as is therein meniim^
edy were appropriated to Jeveral ufes and purpofes therein ixpreffii,
amongfl which^ any fum or f urns of money not exceeding twenty p^WM
thoufand nine hundred fixty eight pounds^ two Jhillings^ and ftx penctj
was appropriated to be paid to the reduced officers of bis MajeAjs
land forces and marines^ fubjeSi never thelefs tofuch rules to be phymh
ed in the application of the faid half -pay ^ as in and by the afurefeii
aR were prefcribed in that behalf \ now it is hereby provided^ cn-
The overplus *^^^» ^"^ declared by the authority aforefaid. That fo muchcf
of laft year*8 ^^^ ^^^^ ^^"^ ^^ twenty feven thoufand nine hundred fixty eight
halt pa^, to pounds, two (hillings, and fix pence, as is or (hall be more thtti
be applied to fufBcient to fatisfy the faid reduced ofScers according to the rules
fionate"lift ^y ^^^ ^^'^ ^^ prefcribed to be obferved in the application there-
of, or any part of fuch overplus, (hall or may be difpofisd of It
fuch officers as are maimed or loft their limbs in the latevws^
or fuch others as by reafon of their long fervice, or otbenufe*
his Majefty (hall judge to be proper objeds of charity $ or l»
the widows or children of fuch officers, according to Aicb mr-*
rant or warrants, under his Majefty's (ign manual, as (haH bt
figned in that behalf; any thing in this act or the fatd fiMQcr
aS to the contrary notwithftanding.

CAP, XXVI.

An aH for continuing fever al laws relating to the alkfomna
upon the exportation of BritHh made gunpowder \ io^ike
importation of naval Jlores from the Britifh coMSli^bjt
America ; to the additional number of one hundred bacJtHey
chairs ; and to the powers given for regulating bachuy
coaches and chairs v for punifhing the vetiSers cf umfisfo^
ed news papers •, jfor allowing the importation of hsmpMt
flax manuf allured in Ireland, though not fworn $4 bo of
the growth of Ireland ; and for the relief (7/Bryan Blun-
dcll, in refpeSl to the duty on fame white fait lofl in a
ftorm at fea. . ...

WHEREAS the tows herein after mentioned^ wbkhhavely
experience been found ufeful and beneficialy are noar ex^^
ing ; may it therefore pleafe your Majefty that it may be en-
abled ; and be it enaded by the King's moft excellent maiefly,
by and with the advice and confent of the lords fptritua]> ind
temporal, and commons, in this prefent parliamtnt aflembkd,
4. Geo. 1. C.S9. and by the authority of the fame, That an a<9 made ia the
for allowing a fourth year of the reign of his prefent Majefty, intituled, ^ jd
bounty on cx-yj^ granting an allnvance upon the exportation of BritUh tnadi gun-

powdtfj

^43-] Anno decimo fcxto Georgii II. c.i6. 133

tvder^ which was to continue in force for five years, from the portation of
^cnty fourth day of Junfy one thoufand fcven hundred and gunpowder.
irty one, and from thence to the end of the then next fcffion ^
parliament; and v^htch by another aft made in the tenth ^ontlnuciTto^*
ar of the reicn of his prefent Majefty was further continued a4.June, 1750,
r the term offcven years, and from thence to the end of the &c.
en next feffion of parliament, (hall be, and the fame is here- ^"^j^ ^^^'
f further continued from the expiration thereof until the twenty ^^c. 51*^ *
urth day of June, one thoufand feven hundred and fifty, and
3in thence to the end of the then next feflion of parliament.

II. And be it further enadted by the authority aforefaid, That
moch of an ad made in the eiehth year of the reign of his

te majefty King George the Firft, intituled, Jn a^ giving J ^^•»- ^•"*

rtkerencouragement for the importation of navd Jlores^ ^^^ f^^ m^^^tz^

bir furpcfes therein mentioned^ as relates to the importation of tionofnaval

ood and timber, and of the goods commonly called Lumber^ ftores,

tercin particularly enumerated, from any of his Majcfty's Bri^

^ lilanfations or colonies in America^ in the manner therein

lentioned, free from all cufioms and impofitions whatfoever

tnted to his Majefty, his . heirs, or fucceftbrs, which was to continued to

rin'force for twenty one years, from the twenty fourth day of june 14, 1750,

tffi/^ one thoufand feven hundred and twenty two, fliall be, &c.

w! is hereby further continued from the expiration thereof un- ^^^Ij'V' ^^'

I the twenty fourth day of June^ one thoufand feven hundred *|^^Y**^*^

id fifty, and from thence to the end of the then next feiCon

r ^^liament.

III. And be it further enaded by the authority aforefaid,
*hat fo much of an a6t madj; in the twelfth year of the reign

■ his late majefty King George the Firft, intitlcd. An aSf for iiQeo.f.c.tft,
Vftting em aid to his Maiefij^ by laying a duty upon all vi6lualUrs ^*^^\^^ ^
4^riiailin of beer and die within the cities of London and Weft- ^^]^^^f
linfter, and tie weekly bills of mortality -y and for prohibiting their chairs,
ndiefg beer cr ale out of their houfes to dtfant places^ in any pots
fi/iffets lefs than a gallon ; and quo for adding one hundred addi^
im"iac(ney chairs to thofe already licenfed\ and for applying cer-
ijff^rnars of former land-taxes^ towards the fupply granted to his
le^^fi for thefervice of the year one thoufand feven hundred and
fteniy fix, and for appropriating the fupplies granted in this feffion
'^f^iamenty as relates to the additional number of one hun-
red hackney chairs therein mentioned, which was to continue continued to
I force for eighteen years, from the twenty fourth dzy of June, 14. June, 17601
le thoufand feven hundred and twenty fix, fliall be, and is
ereb^ further continued from the expiration thereof, until the
vcnty fourth day of June, one thoufand feven hundred and
Kty^and from thence to the end of the then next feflion of
irliament.

IV. And be it further enadted by the authority aforefaid,
rkat the feveral claufes .in an a& mage in the ninth year of the

Ignr of hor late majefty Queen Anne\ intituled,. An a^ for li^ 9 Annar, 0.13.
1^1^ ani'rigulating hackney coaches and chairs ; and for charging
rioif^ tmu £iim onjlampt vellum^ parchment^ and paper j and on

K 3 cards

134 Anno decimo fexto Georgii II. c. a6. [1743*

eards and d::€ \ and on the exportation of roth fait for Ireland } nk
for fecuring thereby ^ and by a weekly payment out of the pift offiu^
and by fever al duties on hides andjkins^ a yearly fund of om bunM
eighty fix thou/and fix hundred and feventy pounds^ for ibirty tfm
years^ to be applied to the fatisfaSfion of fuib orders as an therm
mentioned^ to the contributors of any fum^ not exceeding two mlBem^
to be raifedfor carrying on the toary and other her Majeflfsocee^ms
roAnns,c.i9. ^"^^ in an a<5t made in the tenth year of the reign of her (kid hte
f. X58. ' Majefty, intituled, AnaSlfor laying feveral duties upon allfoapad
paper made in Great Britain, or imported into the fame i emd upm
chequered and Jlriped linens imported \ and upoet certain fUks^ cm-
coeSy linens y andjiujfs^ printed^ paint edj orftained; andiron ft'
veral kinds of flampt vellum^ parchment^ and paper ; and uprnt cet-
tain printed paper s^ pamphlets^ and advertifements ; for redfmg tk
fum of one million eight hundred thoufand pounds^ by wety of aloe*
teryj towards her Majejifs fupph ; and for Ucenfing em eiaditiond
number of hackney chairs ; and for charging certain flocks of'CMrk
and dice ; and for better fecuring her Majeftfs duties to orife in tbt
office for (lamp duties y ly licences for marriages , and othermfii ad
for relief of perfons who have not claimed their lottery tickets in dm
time, or have lofl exchequer bills^ or lottery tickets ; andfoirhomnh
ing money uponfiocky part of the capital of the South Sea cmnpeHif%
for the ufe of the publick; and in one otKer a6t made in the twdftb
iiAnnae, ft.i. Y^^^ ^^ ^^^ reign of her faid late Majefty, intituled, Jbsa& fnf
c. 14.. explaining thea^sfor Ucenfing hackney chairs; and alfo in an aft

made in the firft year of the reign of his late majefty King
s Gco.i. C.57. George the Firft, intituled, Jn a&for the better regukrting badtmy
iclating to the ^^^^^^^^ rz/r/j, drays^ carrSy andwaggons^ within the cities of IaA'
ofUSeP ^Jo^ ^^^ Wcftminfter, and the weekly bills of mortality i and fir
coaches, preventing mifchiefs occafioned by the drivers riding upon fucb earts^
draysy carrSj and waggonsy relating to the jurifdidtion, powers
and authorities of the commiflioners for licenfing and rcgokt*
ing hackney coaches and chairs, and of judices of the peace,
;md to the rules, penalties, and forfeitures, orders and dire^Hons
therein mentioned ; which faid feveral claufts were tohavecon«
tinuance from the feveral times of the commencement thereof,
for the refpedlive terms therein mentioned, (hall be, and are
continued till hereby further continued from the expiration thereof, until the
»4jane| 1 760^ twenty fourth day of JunCy one thoufand feven hundred and'
&c. (ixty, and from thence to the end of the then next feflion d

parliament.

V. And whereas great members of news paper Sy pampbktSy and
other papersy fubjeR and liable to the flamp dutieSy and tuhiei an
not duly fiampt according to lawy are daiby foldy hawked^ earrioi
about y uttered, and expofed to fale by divers obfcure ferfons^ nil
have no known or fettled habitationy to the great lofs of the for
trader y and the prejudice of his Majefifs revenue', and as feverd
doubts and difficulties have ariferiy relating to the execution of tie kun
formerly madey and now in beingy for preventing offuch praffiteSy
and punifhifig the offenders: wherefore, for remedying and pre^
venting fuch abufes and offences for the future, and reoderii^ die

1743*] AnnodccunoiezcoGEORGiiII. c.26. ijs

laws more cffeAual in that behalf; it is further enacted by the
authority aforeiaid, That ii^ cafe any perfon or perfons Ihall, Any perfon
from and after the firft day di May^ one thoufand feven hundred may take up
and forty three, fell, hawk, carry about, utter, or expofe to^^J^^'^^f
ialc any news paper, or any book, pamphlet, or paper, deem- ^g pji;r«i
ed or conftrued to be a news paper, within the intention and ^

meaning of any of the a6ts of parliament, relating to the (lamp
duties now in force, not being ftampt or marked, as in the faid
acts are directed or appointed, it fhall and may be lawful for any andany juftice
juftice of the peace to commit every fuch offender, being there- ^^Y commit
of conviSed before him by their own confeffion, or by the oath ho»fc^o/^r-
of one or more credible witnefs or witneflcs, to the houfe of region for
correction, for any time not excefeding three months; and it 3 months,
fhall and may be lawful for any perfon to feize, apprehend, and
carry before a juftice of the peaqe of the county, city, riding, di-
▼ifion, or plape, where fuch offence (hall be committed, any iiich
perfon fo offending as afore-mentioned ; and every perfon fo feiz- ^ ^^^^^^ of
ing or apprehending fuch offender, and carrying him or her be- ^r^u for ever^
fore fucb Juftice of the peace as aforefaid, fiiall, upon conviction, hawker con-
of every fuch offender, and producing a certificate of fuch con«> vidted.
viAion under the hand of fuch juftice (which certificate fuch ju-
ftice is hereby required to give, without fee or reward to be ta-
liOD for the fame) be intitled to the reward of civenty fhillings, to
be paid bv the receiver-general of his Majefty's ftamp duties. 7WiU.3.c.3f,

VL mi whifids by an aSf made in the fevenih and iightb years
$f the rtign €f King William the Thirds for encouraging the linen
manufaSiure of Ireland, and bringing flax and hemp intOy and tbt
meiifig of fml cloth in this kingdom^ it ts amongjl other things ena^^
edy That it fhall be lawful to import into England directly from Ire-,
land, all forts of hemp or flaxy and all the produ^ion thereof ^ as
thready yarn^ and linen of the growth and manufa^ure of Ireland,
fhi from aU manner of cujidmsy dutieSy and impofitionSj the mafter
or $tbir chief officer of the veffel importing the fanUy bringing with
him or them a certificate or certificates from the chief officer or officers .
of the port or ports in Ireland, where ktch goods fhall be put on
boards expreffing amongfi other things the name or namesy place or
places of abode of fucb perfon or perfons^ tlmt fhall have fworn the
goods therein mentiontd^ to be horu hde of the growth and manufac-
tute of the kingdom ^Ireland, without fraud or covin: and where^
OS the manufa£lures of thready yamy and linen are greatly increafedy
and there is not a fufficient growth of hemp and flax in Ireland to
mate the famey fo thai the obliging perfons to fwcary that fuch ma-
mif adheres ore made of the growth of the faid kingdom of Ireland,
will prevent the importation thereof into England, and be a great. ^^^ manufac-
difcouragement to the fiid manufailures\ therefore be it enadcd tuiciinadcof
by the authority aforefaid. That in cafe the certificate directed |)emp or flax
by the faid recited a6t of the fcvcnth and eighth years of the {^ ff«'a"<^»jo
reign of King William the Third, to be brought by the maftd- aut?.[;°ee
of chief officer of any (hip or veffel importing from Ireland any
of the manufadures made there of hemp or flax into England^
fliall exprefs the o^me or names,, place or places of abode of the
^rfon or perfons who fliall have bona fide fworn the fame to be

K 4 of

136 Anno dccimo fcxto GsoROil U. C. 27. [ijAi^

of the manufadlure of Inland^ without fraud or covin, and die
other diredions in the fald recited adt of the feventh and dgbth
years of the reign of King ffllliam the Third (excepting the
exporter or other perfon fwearine fuch goods were or the
growth of Inland) (hall be purlued} it (hall and may be
lawful, from and after the twenty fourth day of jfuHij one tbou-
fand feven hundred and forty three, to import diredtly from /ri-
iand into England any nunuf»6lures made of hemp or flax in In-
land (as may now by law be imported into England) free (irom
all manner of cuftoms, duties, and impofitions; any thing in
the faid recited adt of the feventh and eighth years of the feign
of King William the Third, contained to the contrary therra
in any wife notwithftanding.
S It I ft t ^ ^^^ whereas in the month oi Augufi^ one thoufand fe-

fea, the duty ^^" hundred and forty one, at Liverpool in the county of Lan-
Ibr^f en. caJliTy there was (hipped pn board the Alary Anne Aoop, Andrew
Creaghj mafter, by Bryan Blundell of Liverpool aforefaid, mer-
chant, two thooiand five hundred bolhels of white fait 10 be
carried to Limerick in Ireland^ for the duty whereof bond was
given by the faid Bryan Blundill; and the faid (hip in her "
thither met with tempeftuous and (lormy weather, w
nine hundred (ixty four bufhels, and one gallon of the did
was loft; be it therefore ena(5ted by the authority aforefaid,
That the faid bond or bonds dven by the faid Bryan BbmdeUi
for and in refpedt of the duty of the faid nine hundred fixty four
buihels, and one gallon of fait fo loft, (hall forthwith be deliver-
ed up, difcharged, and vacated, and the fame is and are hereby
difcharged and vacated accordingly ; any aA or ads of parlia-
ment to the contrary notwithftanding.

CAP. XX vn.

An a& io continue an a0 made in the fifth year of therein of
bis prefent Majefiy^ intituled^ An aft to prevent the com-
mitting of frauds I y bankrupts.

cGeo 1 c to ^^^J ^^^^^^^^^^1^^^^^ the fifth year of the ragntf hi
5 • • • 3 • y y p^^j-^f Majejiy^ (intituled^ An a<ft to prevent the commit-
ting of frauds by bankrupts J which was to continue inforu for
three yearSf from the twenty fourth day of June one thoufand feven
hundred ana thirty two, and from thence to the -end of the then next
fitffion of parliament \ and which by another a6i made in the ninth yeer
9Gep.t.c.x8. of the reign of his prefent Majefiy^ intituled^ An ad for reviving
and continuing the ads therein mentioned, and for explaining
and amending a claufe in an ad made in the firft year of the reign
of his late majefty King George the Firft, intituled. An a&Jor
making the laws for repairing the highways more ejfe^tualj retating
to the appointing fcavengers in cities and market towns \ and the er-
dering the affejfments for the repairing andcleanfir^ the Jlreet\ there-
in^ was further continued until the twenty ninth dey ^September,
one thoujand feven hundred and forty three^ and from thence to the
end of the then next feffion of parliament^ hath by experieme been

found

^743-1 Anno decimo fexto Georgii 1L c. 28, 29. 137

f&und ttfefd and binefidalj and is now near expiring \ may it there-
fore pleafe your moft excellent Majefty, that it may be enabled,
and be it enaded by the King's moft excellent majefty, by
and with the advice and confent of the lords fpiritual and tem-
poral, and commons, in this prefent parliament aflembled, and
by the authority of the fame. That the &id firft herein before ^ft 5 Geo. t.
mentioned a£t, (hall be, and is hereby further continued, from c 30. conti- *
the expiration thereof, until the twenty ninth day of September^ niied tiU Sept.
in the year of our Ix)rd one thou£ind feven hundred and fifty, r^lJ^^L^-
and firpm thence until the end of the then next feflion of parlia- tnedh^^O^k
ment. %, c 57. f. i.

CAP. xxvni.

An aft to make the hamlet of B^tbnal Green in the pariih of Saint Dun-
iian, Stepney, in the county of Middlefex, a (eparate and diftin^ pa-
riihy and for ere6tu)g a parifh church therein.

CAP. XXIX.
jtn oB for alUwing carts to he drawn with four borfes.

; pafled for repairing and amending
die highways of this kingdom; // /;, amongft other tbingi enaSidy
That if any coft travelling or carrying for hire^Jball at any time from
and after the twenty fourth day ^June, one tboufand ftvtn hundred
and nineteen^ go^ trayel^ or be drawn with more than three borfes^
that the owner or driver offuch (artfo travelling for hire^JbaUfor-
feu and lofe all the horfes above tbrefj with all geers^ bridles^ baiters
and accoutrements, to the fok yfe and benefit of any perfon or perfons
who Jhall Jeize or difirain the fame, except as therein is excepted:
and whereas by an a& of the fourteenth year of his prefent Majefyj 14GC0.1.C.41.
intituled. An a<5t for tne prefervation of the publick roads in that
part of Great Britain called England, it is ena^ed. That the faid
a£i of the fifth year of his late Majejl^, and aUandfingukr the claufes^ %

penalties and forfeitures therein contained, fl>all extend, and be conjirued
to extend to all carts, and to the owners and drivers thereof, ms and
their horfes, with the geers, bridles, halters and a^outrements, whether
travelling for hire, or not for hire, or in any manner whatfoever :
and whereas the confining the drawing of carts to three horfes onfy, is
fmmd inconvenient to farmers and others, and highly detrimental to
the markets of this kingdom ; for remedy whereof, be it ena^ed
by the King's moft excellent Majefty, by and with the advice
and confent of the lords fpiritual and temporal, and commons,
in this prefent parliament aflembled, and by the authority of the
i^me. That from and after the twenty fifth day of jfpril, in the The number
year of our Lord one thoufand feven hundred and forty three, ^Iteft^^^'
the faid number of three horfes (hall be enlarged to four horfes, former lot^
under all the provifions, exceptions and limitations in the ikid enlarged to
recited afts mentioned. four.

CAP.

138. Aimo decima fexto GeorOii IL C.|o« [i74Sr

CAP. XXX.

An ad to indemnify perfons ^b9 have omitted to quaSfytbem-
fetvesfor offices and employments within the time limited iy
la^j and for allowing further time for that purpofe^ and
alfo for amending fo mtuh of an aH made in the twenty
fifth year of the reign of King Charles the Second, inii-
tnled, An aA for presenting dangers which may hap-
pen from popifh recufants, as relates to the time for re-
ceiving the facrament of the LortFs fupper now limited ly
the faid aii.

WHEREAS divers perfins^ who^ on account of their tffices,
placiSy emphymenis or pfefejjims^ or any other canft or Hca-
fion^ ought to have taken and fubjcribod the oaths or the ajyuranare"
fpettively appointed to be taken by fuch perfons in and by anaii made
in fhi firftyeatof the reign of bis late majefty King Gecn^ rf gle-

iGeo.i.c.i3. rious memory^ intituled^ An adt for the further fecurity of his
Majefty's perfon and government, and the focceflion of the
cfown in the heirs of the late princefs Sophia, being proteftants 1
and for extinguilhing the hopes of the pretended prince of /iF^iv,
and his open and (ecret abetters ; or to have quaUficd tbenJehes

ijOu'.t.ftats. ^tording to an a^ made in the thirteenth year of the reign oj King

c. I. Charles the Second^ intituled. An adl for the well governing and

fegulating corporations; or to hmte qualified tbemfelves accor£ng to

tjCar.i.ci. another an made in the twenty fifth year of the reign of King Otiv^es
the Second, intituled^ An adl for preventing dangers which may
happen from popifh recufants, by receiving the facrament of tie
Lorifs fupper, according to the tifage of the church of England, and
making and fiAfcribing the declaration againft tranfubjiantiation there-
in mentioned, or to have taken, made and fubfcribed the^declaration
fet forth in the flatute made in the thirtieth year of the reign of the

so car.*, ft. t. j^^^ jp-;^ Charles the Second, intituled^ An zSt for the more cflec-
tual pfefervinghis Majcfty's perfon and government, by difabltne
papifts from fitting in either houfe of parliament, have, tbrongb
ignorance of the law', ahfcnce, mijiake or fome unavoidable accident^
omitted to take and fiibfcribe the faid oaths and affurance^ cr to mole
and fubfcribe the feveral declarations before mentioned, or otherwife
to qualify tbemfelves, as aforefaid, within fuch time, and in fucb
manner, as in and by the faid a^s ref^tffwely, or by any other a€i of
parliament in that behalf made and provided is required^ whereby tbtj
may be in danger of incurring divers penalties and difabilities : for
quieting the minds of his Majcfty's fubjedts, and 'for prevent-
ing any inconveniencies that might otherwife happen by means
of fuch omiflions, be it enacted by the King's moft excellent
majefty, by and with the advice and confent of the lords fpiri-
tuai and temporal, and commons, in this prefent parliament
Farther time aflembied, and by the authority of the fame. That all and erery
Tillowed for perfon and perfons who hath or have taken and fubfcribed, or who
vcrij oath*!*' fliall on or before the thirty firft day of December, one. thoufand

fc-

'743'] Anno decimo fexto GeoMgii II. c« 30. i^y

feven hundred and fohy three, take and fubfcribe the oaths and
aflfurance refpedtively, in fuch cafes wherein by law the (aid oaths
or aflurance ought to have been taken or fubfcribed, in fuch
manner and form, and fuch place and places, as are appointed
in and by the faid a6t made in the firft year of the reign of his
faid late majefty King George^ or by any other z&, or a6ts of
parliament, in that behalf made and provided ; and alfo hath
or have received, or (hall befdrc the faid thirty (irftday of D/-
cenAiTy receive the facrament of the Lord's fupper, according t6
the ufage of the church of England^ and hath or have made and
fubfcribed, or (hall on or before the faid thirty firft day of Z><-
cembir^ make and fubfcribe the faid declaration againft tranfub*
ftantiation, in fuch cafes wherein the faid facrament ought to
have been received, and the faid declaration ought to have been
made and fubfcribed, and alfo hath or have madie and fubfcribed,
or (hall on or before the faid thirty firft day of Decmbir make
and fubfcribe the (aid declaration in the faid ftatute made in thd
thirtieth year of the reign of the faid King Charles the Second,
(hall be, and are hereby indemnified, freed and difcharged of,
from and againft all penalties, forfeitures, incapacities ar^ difii*
bilities incurred, or to be incurred, for or by reafon of any for-
mer negleA or omiffion of taking or fubfcribing the faid oaths
or a(rurance, or receiving the facrament, or making or fubfcribing
the (aid declarations refpe^ively, according to the above men->
tioned a<5ts, or any of them, or any other aS or a£ts concerning
pcrfons in o(Hces or places of truft, and is, and are, and Omll
be fully and anally recapacitated and reftored to the fame ftate
and condition as^fuch perfon and perfons were in before fuch
negle£t or omi(non, and (hall be deemed and adjudged to have
duly qualified him, her or themfelves, acconling to the above
mentioned adls, and every of them ; and that all ads done or to
be done by any fuch perton or perfons, or' by authority derived ^
fi-om him or them, are and (hall be of the fame force and validity
as the fame or any of them would have been if fuch perfon or
perfons had taken the faid oaths or a(rurance, and received the
iacrament of the Lord's fupper, and made and fubfcribed the faid
declarations refpedtively, according to the direction of the faid
aAs, and every of them ; end that fuch perlbn or perfons Qua-
lifying themfelves in manner, and within the time appointed by
this adt, (hall be to all intents and purpofes as effeAual, as jf
fuch perfon or perfons had refpedively taken the faid oaths and
aflurance, and received the facrament, and made and fubfcribed
the faid declarations within the time, and in the manner ap-
pointed by the feveral a<Sts before mentioned.

li. And whereas feveral perfons whe have beenprefmted or eollatei
tOy §r put in ecclefiajlical binepces or promotions^ within that part of
Great Britain called England, the dominion of Wales, and the
town of Berwick upon Tweed, by reafon of ficknefsy mprifonment^
mfabiuty ofbody^ or otberwifey eould not or did not read the morning
and evening prajerSy according to the book of common prayers^ and
diclare bis ^nd their unfeigned aJJ'ent and confent U theufe ofaU

toincs
6

140 Anno decimo fextoGEORGii 11. c. 30* ['743*

things in the faid boot contained end fubfcribed, within the time li^
mitsd by an a£i pajfed in the parliament holden in the thirteenth and
]3&i4Car. %. fourteenth yean cf the reign of King Charles the Second^ intituled^
c* 4« An a6t for the uniformity of publick prayers, and admini(lra«

tion of facraments, and other rites, and for eftabliihing the form
oC making, ordaining and confecrating bifhops, priefts and dea-*
cons, in the church of England ; now to prevent any inconve*
niencies that may happen by rcafon of fuch omiflions ; be it
declared and enadted by the authority afbrefaid. That all and
Farther time every perfon and perfons who hath or have fo omitted to read
perfonsread- ^^^ **'^ prayers, and to declare his or their faid affent andcoa-^
ingooinmon' f*^^ within the time limited by the faid ad, but hath or have
prater, and fince performed the fame, or who diall on or before the faid
giving their thirty firft day of December perform the fame, (hall be, and he
«flent thereto. ^^^ jj^^y jg ^^^ ^^^^ y^^ virtue of the authority aforefaid, indem-
nified and recapacitated, and thall and may hold and enjoy the
faid benefices and promotions in as large and ample manner, to
all intents and purpofes, as if he or they had qualified them-
felves according to the dire(5tion of the faid ad; any thing in
the faid a<5t, or in any laws or ftatute what(bever, to the contra^;
ryin any wife notwitnftanding.

III. And whereas by the fatd a6l of the twenty fifth year of the
rrign of King Charles the Second^ amongji other things it is enaffed,
That all and tuery perfon and perfons thatjball be admitted^ entredy
placed or taken into any office or offices^ civil or military^ or fhcdlre^
ciive any pay ^ f alary ^ fee or wages ^ by reafon of any patent or grant
$fhis Majefty^ orjbatl have command or place of trvjU front or un^
der his Majejly^ his heirs or fuccefjorsy or by his or their authority^
$r by authority derived from him or them^ within this realm ^£ng«
land, dominion of Wales, or town of Berwick upon Tweed, at-
in his Majeftfs navy^ or in the feveraf ifiands of Jerfey or Guernicy,
Jball receive thefacramentofthe Lor£s fupper^ according to the nfkgn
of the church y England, within three months after his or their 4b2-
miitance in^ or receiving their fa'^d authority and employment^ infme
publick churchy upon fome Lord's day^ commonly called Sunday, im»
mediately after divine fervice andfirmon ; which time of three months
fo limited in the faid aSi^ is found to be toojhort and inconvenient :
now, for remedy thereof, and for amending the faid ad, fay
enlarging the faid time ; be it cnaded by the authority afore&ia,

Perfons cbofe That from and after the faid thirty firft day of December^ all
into offices and every fuch perfon and perfons as aforefaid, ihall receive the
way receive facrameot of the Lord's fuppcr, according to the ufage of the
^^j^(*^Jj^*"^ church of England^ within fix months after his or their admit-
moiltis after, tance in, or receiving their faid authority and employment, in
feme publick church, upon fome Lord's day, commonly called
Sunday^ immediately after divine fervice and fermon.

IV. Provided always, and it is hereby fdrther enaded by the
Perfoni not authority aforefaid. That all and every perfon and perfons afore-
vSth'^lilsfd, ^^^^^ ^^^** ^^^^ neglcd or refufe to receive the facrament of the
rhall incur all Lord's fupper, within the time, and at the places aforefaid, ac-
the diiabiiitief cording to thp diredion of this ad, ihall be liable to, and incur

aU

t743'] Anno decimo fexto GeoRoii II. c. 31. 141-

ill fuch difabilities, incapacities, penalties, and forfeitures, tisof theaft
n and by the faid adt of the twenty fifth year of the reign of *5 Car.*.c. •«
fCiiig Charles the Second, are provided and inflidted for not re-
X'lviiig the (acrament as aforefaid.

V. Provided alfo. That this aA or any thing herein contain- This aa fliall
:d ihal) not extend, or be conftrued to extend, to reftoreor in- not indemnify
ritle any perfon or perfons, to any office or employment, bene- P*"^®"* *^^^ •
fkc, matter, or thing whatfoever, already adually avoided by ^ "*°^^ •
udgment of any of his Majefty's courts of record, or already
[illed up or enjoyed by another perfon ; but that fuch office,
smployment, benefice, matter, or thing fo avoided, or filled
Lip and enjoyed as aforefaid, (hall be and remain in and to the
perfon or perfons who is or are now intitled to the fame, as if
this a(5t had never been made.

CAP. XXXI.

An aUfcr the further funijhment of perfons whojhall aid or
ajjijl prifoners to attempt to efcape out of lawful cuftody.

FOR the further punifliment of perfons who (hall aid or af«
fift prifoners to attempt to efcape out of lawful cuftody, be
it- enad^ed by the King's moft excellent majefty, by and with
the advice and confent of the lords fpiritual and temporal, and
commons, in this prefent parliament afiembled, and by the
authority of the fame. That if any perfon (hall, from and after Where a per-
thc twenty fourth day oijurn^ one thoufand feven hundred and fo? affixing a
forty three, by any means whatfoever be aiding or afTiftlng ^o^l^^^^^^^''
any prifoner to attempt to make his or her efcape from any gaol, deemed guilty
although no efcape be adually made, in cafe fuch prifoner then of felony {
was attainted or convidted of treafon, or any felony, except
petty larceny, or lawfully committed to or detained in any gaol
for treafon, or any felony, except petty larceny, exprefTed in the
warrant of commitment, or detainer, every perfon fo offending,
and being thereof lawfully convidted, (hall be deemed and ad-
jud^d guilty of felony, and (hall be tranfported to one of his
Majefty's colonies or plantations in Jmerica^ for the term of fe-
ven years ; and in cafe fuch prifoner then was convided of, and wbere
committed to, or detained in any gaol for petty larceny, or any deemed a mif-
other crime, not being treafon or felony, exprefled in the war- demeanor,
rant of his or her commitment or detainer as aforefaid, or then
was in gaol upon any procefs whatfoever, for any debt, dama-
ges, cofts, fum or fums of money, amounting in the whole to
the film of one hundred pounds, every perfon fo offirnding as
aforefaid, and being thereof lawfully convided, (hall be deem-
ed and adjudged to be guilty of a mifdemeanor,for which he
or (he (hall be liable to a fine and imprifonment.

II. And be it further enaded by the authority aforefaid. That Af^H Jun^t
if any perfon fliall, from and after the faid twenty fourth day of i743,any i»er-
Juntf one thoufand (even hundred and forty three, convey, orC^^n^^P^^TJ^S
cau& to be conveyed into any gaol or pnfon, any vizor, .or fXunnliit or
other di(guife, or any inlfarument or arms proper to facilipte 'Jm,^ to help

the

fj^2 Anno decimo fexto GeoROii II. c. 3 1 . [ 1743;

an efctpe, ' the dctpe of prifoners ; and the fame (hall deliver, or caare to
without tilt be delivered to any prifoner in any fuch gaol, or to any other
thc*k(Mpfr ^if P^®" thci^e, fortheufe of any fuch prifoner, without the con-
the pri&ier fcnt or privity of the keeper, or undcr-keepcr of any foch gaol
b« attainted of or prifon i every fuch perfon, although no cfcape or attempt to
tneafimor fe- efcape be adually made, (hall be deemed to have delivered fuch
^eommitted ^**^"*» ^^ ^*^ difguifc, inftrument, or arms, with an intent
for treafonor ^^ ^*^ *^^ aflift fuch prifoner to efcape or attempt to efcape j and
felony i in cafe fuch prifoner then was attainted or convi<5^ed of treafon,

the offender or any felony, except petty l^irceny, or lawfully committed to
S*!l^tv^r' ^ detained in any iuch gaol for treafon, or any felony, except
felony^ and P^}^ larceny, exprefled in the warrant of commitment or de-
be tranfport- tainer, every perfon fo offending, and being thereof lawfully con-
ed. ^ vidted, (hail in like manner be deemed and adjudged guilty of
Difguife, in- fdony, and (hall be tranfported to one of his Majefty's colonies
wm^^S^n^'^ or plantations in America^ for the term of feven years ; but in
to one detain- oafe the prifoner to Mfhom, or for whofeufe, fuch vizor or dif-
ed for any left guife. inftrument or arms, (hall be fo delivered, then was con-
^fo^*H H vided, committed, or detained for petty larceny, or any other
^J^^^^^icc, crime, not being treafon or felony, expreffed in the warranti^
amounting to commitment or detainer, or upon any procefs whatfoever, for
lool. any debt, damages, cofts, fum, or fums of money, amountit^
aVS^**^ in the whole to the fum of one hundred pounds, every fuch ptr-
S guiky^f™' f^" ^o offending, and being thereof lawfully convi^ed, (hall be
miSemeinor. deemed and adjudged to be guilty of a mifdemeanor, for which

he or (he (hall be in like manner liable to a fine and imprifoa-

ment.
ToafSftanr HI* And be it further enaAed by the authority afbrefaid,
perfon to ef- That if any perfon (hall, from and after the twenty fourth day
^^^{^\^ * ^^ ?^*^* ^"^ thoufand feven hundred and forty three, aid or
Sechare^ a(Bit any prifoner to attempt to make his or her efcape from the
with ti-e^n cuftody of any confbble, headborough, tithingman, or otlyor
or felony s officer or perfon who (hall then have the lawful charge of fuch

prifoner, in order to carry him or her to gaol, by virtue of a

warrant of commitment for treafon, or any felony (except petty
or from any larceny) expreffed in fuch warrant ; or if any perfon (hall be
boat, &c. car- aiding or affifting to any felon to attempt to make his efcape
^mu^^a- fr^"* ^^ board any boat, (hip, or veffel, carrying felons for
tion i ' tranfportation, or from the contradtor for the tranlportation of

theoffender fuch felons, his affigns or agents, or any other perfon to whom
ed*"uiltv"f"* fuch felon (hall have been lawfully delivered, in order for tranf-
felony %nt portation ; then every perfon fo offending, and being lawfully
(hall be tranf- convidted thereof, (hall be deemed and adjudged to be guilty of
ported for 7 felony, and (hall be tranfponed to one of his Majefty's colo-
yeart. j^jg^ ^j. plantations in America^ for the term of feven years.

Thepro(ccu- ^^- Provided always, and be it ena<aed. That there (hiH be
tion to com- no profecution for any of the faid offences, unlefs fuch profecu-
meace within tion be commenced within one yearafter fuch offence committed.
» year. y^ p^^^ \^ \^ funher enac^od by the authority aforefaid. That

^ribnt order- if any perfon who (hall be ordered for tranfportation, in piirfu-
^lortranf- ance oi this adf, (hall return firom tranfportation, or be at large
porution,vid ^ ^

I744-] Anno dedinp feptUno G«ORGii ll, Q.i^^i, 141

a any part of Gr^t Britain^ waboutfom? lawf\^l 9^*, W^f Tpiin^ Jirlv^
die extHration of the terfn for which h^or (h^ fh^l) hi^vt h^fo of- ^<>? the ex.
dered to be tranfportcd, every fucb pe^foa flwW t* Ugt>U Jp tfcf gj^'^how to''
fame puniihment, aad to th« !ike ine(hp4s of proffciitioD, fri^J, be dealt wiclu
3nd convidion^ for returaiag from fi^h traofport^iltjan, gv Ux
being at large in any part of Qrn^t Bntaith ^ Pther £^0^^ txwi^
ported, or ordo-ed to be traafpoftf4» ar<^ Jiiabl^ uo^o t>y YirtDf
of the laws now in force.

CAP. xxxn.

An aft fM* allewing firtber time for inrolineiit of deedi and willi made
by paj^t } and for relief of profeeftant purchalerf, deviieesi and lcf«

j4nno decimo feptimo GEO RG II II. Regis.

AT the parliament iegnn and boUen at WeftpninlleiV
tbifirfi day of December^ Anno Domini om tbm^
fand feven hundred and forty ome^ in the fifteenth year of
the reign of ourfovereign lord George II. iy the graee of
God (jf Great Britain, France and Ireland, Kingy defender of
tbefaitby &c. j4nd from thence continued by feveral fro^
rogations to tbefirji day of December, one tboufand fev^
hundred and fprty tbree^ being the third Jeffion of this pro^
fent parliament.

CAP. I.

An aft for j^nuating an aid to bis Majefty by fi land tax tp be raiM in
Great Bnuin, for the (ervice •f the yeaf oaie ihoufand feven bundled
and forty <foar. EXP. At^,httbe pound,

CAP. II.

An aft for continuing the duties ^ipon malt, mum, cyder and perry, in
that part of Great Britain called Engbuid ; and for granting to his Ma-
fcfty certain duties upon malt, mum, cvder and perry, in that part of
Great Britain called Scotland ; for the fenrioe of the year one thoulknd
ii^vcn hundred and forty (bur. EXP*

CAP. III.

^ all to oblige overfeers of tbepoortogivepublick notice of
rates made for the relief of the poor ^ and to produce the
fame.

WHEREAS great incenveniencies do often arife in cities ^
towni-corporate^ tarijbes^ tovmflnps^ ondpkcesy by reafonof
the unlimited power of the churchwardens and overfeers of the poor ^
ivbc frequently^ onfrivohus pretences^ ^^fi^ prhate endsy make
unjujl and illegal rates inafecret and clondejfine manner, contrary to
tie true intent and meaning ofajlatute made in the forty and third

year

144 AnnodedmoiepdmoGBoitGilII. c.^^^s^ [^744^

43 Eliz. c. u jior of the reign of^nn Elizabeth, intituled^ An a6t for the re-
lief of the poor ; for remedy whereof, and preventing the likd
abufesthefor future, be it enacted bv the King's moft excellent
majefty, by and with the advice and confent of the lonls fpiri-
tual and temporal, and commons in this prefent parliament af-
PooTi rates to ^^nibled, and by the authority of the fame. That from and af-
be publiOied ter the firft day of Jlfay^ one thoufand feven hundred and forty
in toe church four, the churchwardens and overfeers, or other perfons autho-
rized to take care of the poor in every pari(h, townfhip, or place,
ihall give, or caufe to be given, puUick notice in the church,
of every rate for the relief of the poor, Ulowed by the juftkcs i
peace, the next Stmd/gf after the fame (hall have been foallowed ;
and that no rate (hall be efteemed or reputed valid and fufKcient
fo as to colled and raife the fame, unlels fuch notice (hall have
been given.
The rates to IL And be it further enadted, that the churchwardens and
be infpea^ overfeers of the poor, or other perfons authorized, as aforefiud,
bitanZ wid ^" ^^^ parifh, townfhip, or place, fliall permit all and every
copies taken. ^^^ inhabitants of thefaid parifh, townfhip, or place, to infpeS
every luch rate at all feafonable times, paying one (hilling for
thcKime, and (hall, upon demand, forthwith eive copies c? the
fame, or any part thereof, to any inhabitant of the faid {Mri(h,
town(hip, or place, paying at the rate of 6x pence for every
twenty iournames.
Penalty on not I^- And be it further enaftcd. That if any churchwarden or
perimtting overfeer of the poor, or other perfon authorized as afbre£ud.
any inhabitant (hall not permit any inhabitant or parifhioner to infped the fiiid
toinrpea, &c. i-ites, or (hall refiife or negledt to give copies thereof as atbre-
faid, fuch churchwarden or overfeer, or other perfon authorized
as aforefaid, for every fuch offence, (hall forfeit and pay to the
party aggrieved, the lum of twenty pounds, to be fued for, axid
recovered by aAion of debt, bill, plaint, or information, ia
any of his Majeft/s courts of record, wherein no eflbin, pro-
tedion, or wager of law, or more than one imparlance ^all be
allowed.

CAP. IV.

An a6t for enlarging the term and powers {[ranted by an a6b palled m tbe
third year of the reign of his preieot Ma|eftv for repairing and wsdra-
ing the road from that part of Chatham which lies next to the cit^ of
Rochefter, to Saint Dunftan*s crofs near the city ot Canterbury in the
county of Kent.

7b€ aS 3 Geo. II. c 15. cotuimud for %\ years.

CAP. V.

' An an to amend and make make more effeffual tbe Urns re'
lating to rogues^ vagabonds^ and other idle and diforderlf
perfons J ami to houfes of correSlion.

WHEREASr£#mm^^r of rogues^ vagabonds^ beggars^ and
other idle and diforderly perfons^ daily increafes,^ to the great
fcandaU lofh <^f^d annoyance of the kingdom \ for remedy therec^,

be

1744*] Anno decitno fepdmo GeoROII II. c. 5. jig

be it enadted by the King's moft excellent majefty, by and with
the advice and confent of the lords fpiritual and temporal, and
commons in this prefent parliament afTembled^. and by the au-
thority of the (ame, That ail perfons who threaten to run away ^
and leave their wives or children to the parilh ; and all perfons p'^'*^'^^'* ©f-
who (hall unlawfully return to fuchparirfior place from whence thciVpu^ih.
they have been legally removed by order of two juftices of the meats,
peace, without bringing a certificate from the parifli or place
whereunto they belong ; and alfo all perfons who, not having
wherewith to maintain themfelves, live idle without employ-
ment, and refufeto work for the ufual and common wages given
to other labourers in the like work, in the parities or places
where they then are ; and alfo all perfons going about from
door to door, or placing themfelves in (ireets, highways, or
paflages, to beg or gather alms in the parifhes or places where
they dwell, ihall be deemed idle and diforderly perfons ; and it
(hall and may be lawful for any juAice of the peace to commit
fuch offenders, (being thereof convicted before him, by his own
view, or by their own confeflion, or by the oath of one or more
credible witnefs or witnefles) to the boufe of corredion, there to
be kept to hard labour for any time not exceeding one month :
and it (hall and may be lawful for any perfon to apprehend,
and carry before a juftice of the peace, any fuch perfons going
about from door to door, or placing themfelves in ftreets, high-
ways, or pa(rages, to beg or gather alms in the parilhes or places
where they dwell ; and if they (hall refift, or efcape from the Offences of a
perfon apprehending them, they (hall be fubjed to the fame l^ig^^r nature.
)uni(hment as rogues and vagabonds are made liable to by this
tdt : and it (hall and may be lawful for the faid juftice, by war-
ant under his hand and feal, to order any overfeerof the poor
f the parifh or place where fuch offender (hall be apprehended,
o pay the fum of five fliillings to any perfon or perfons in any Five fhilllngt
uch pariffi or place fo apprehending them, for every offender '"^^^"l for
o apprehended ; which fum (hall be allowed to fuch overfcerin oif^naJ.r"f'"^
lis account, he producing the juffices order, and a receipt un-
let the hand of the perfon or perfons to whom fuch fum was
>aid : but if fuch overfeer (hall negleft or refufe to pay the faid Pen?lty on
iim, the faid juftice, on oath thereof made, may, by warrant payilj^^the^
inder his hand and feal, order the fame to be levied by diftrefs reward.
nd fale of the goods of fuch overfeer ; and the overplus, (if any)
ifter the charges of fuch diftrefs fatisfied, (hail be returned ;o
uch overfeer, who in fuch cafe (hall not be allowed the Turn fo
evied in his account.

II. And be it further ena<fted by the authority aforcfaid. That other ofFencci
Jl perfons going about as patent-gatherers, or gatherers of alms, anJ their pu.
mdcr pretences of lofs by fire, or other cafualty ; or going nifliments.
ibout as collectors for priions, gaols, or hofpitals ; all fencers
md bearwards ; all common players of interludes ; and all per-
ms who (hall for hire, gain, or reward, u6t, reprefent, orper-
brm, or caufe to be aded, reprefented, or performed, any int-
erlude, tragedy, comedy, opera, play, farce, or other enter-

Vol. XVIII, L tainmcnt

u«

Pirovifo*

Tncorrigtble
rogues.

13 Geo. I.

Anno dedmo fepdmo Gborgii II. c. $• [^744^
tounmcnt of the fta^e, or any psurt or parts therein, not being
authorized by law ; all minftrels, jugglers ; all perfons pretcni-
mg to be gypfies, or wandering in the habit or form of £evp-
tians or pretending to have fkill in phyfiognomy, palmoBry,
or like crafty fcience, or pretending to tell fortunes, or ufing
any fiibtil craft to deceive and impofe on any of his Majefty't
fubieAs, or playing or betting at any unlawful* games or plays }
and a^Il perfons who run away and leave their wives or childttBi
whereby they become chargeable to any parifli or place ; and
all petty chapmen and pedlars wandering abroad, not bmag
duly licenfed, or otherwife authorized bylaw; and all perfiMU
wandering abroad, and lodging in alehoufes, bams, outhotfes,
•r in the open air, not giving a good account of themfelvw ;
and all perfons wandering abroad and begging, pretending to
be foldiers, mariners, feafaring men, or pretending to « to
work in harveft i and all other perfons wandering abroMdaod
begging, (hall be deemed rogues and vagabonds wkfaattetne
intent and meaning of this ad. ■ -f- .

IIL Provided always. That this aA, or any thing lienriD
contained, (hall not extend, or be conftrued to extend^ toAt-
diers wanting fubfiftence, having lawful certificatea ftom ihrir
officers or the fecretary at war, or to mariners or kahongfWm
Itoenicdby fome teftimonial or writing under the hand and fell
of fome juftice of the peace, fetting down the time wnAfiacpi^
their landing or difcharge, and the place to which fuch:fiMB0
or mariners are to pafs, and the names of the chief. towHs-cr
places through which they are to pais, and limiting the timeref
fiich their paflage, while they continue in the dire^ wmt.iAihe
phceto which they are to pafs, and during the time fofiaMM;
or to any perfon or perfons going abroad to work at aojr li^
work in the time of harveft, fo as he, (he, or they canry 1^
him, her, or them a certificate in writing, fignedl^tkegi^iif*
ter and one of the churchwardens or chapel*wardens^' iir.pMof
the overfeers of the poor for the time being, ^ the pariA, jobl*
pelry, or olace where they (hall refpedHvely inhabit,: dcbhrillg
that he, (ne, or they hath or have a dweUing-houfe,, mt/f^
there, in which he, (he, or they inhabit. .^ ,^:j

IV. And be it further enaded by the authority afimM .
That all end-gatherers offending a^inft an ad aubda wrAe
thirteenth year of his late majefty King Gitrgt the Fikft, iis^
tuled. An aff/or the better regulatim of the wooUea nmnttfi^ifft
and for preventing difputes among the perfons concerned tbereini^^
for limiting a time for profecuting for the forfeiture appaitmeAi(f,4i^
a6i of the twelfth year of his Majefifs reign^ in cafe ofpofmeni^f
the worhnens wages in any other manner than in momy^ h69%^^
vided of fuch offence ; and all perfons apprehended as jmiBi
and vagabonds, and efcaped from the perfons appreheaniag
them, or refufing to go before a juftice or juAices of thfr:|KMBp
or to be examined upon oath before fuch Juftice or |uftieas^43t
refufmg to be conveyed by any fuch pafe as is herein after ilimiSt-
cd, or knowingly giving a falfe aceount of themfdves ^m.tefi

C744-] AnnodedmoreptimoGEOftGli II. c.5« 147

cxamirration, after warning given theni of their punilbment ;

and all rogues or. vagabonds who ihall break or efcape out of

any houfe of corre^on, before the expinMon of the term for

which they were committed or ordered to be confined by virtue

of this a6t ; and all perfons who after having been puniihed as

rogues and vagabonds, and difcharged^ ihall again commit any

of the faid ofiences, (hall be deemed incc»:rigible rogues witliin

the true intent and meaning of this a6t.

V, And be it fiinher ena^ed by the authority aforefaid. That j^^ ^
if any perfons (hall be found offending againft this adt^ it (hall may appre.
and may be lawful for any perfoa whatfioever to apprehend the hend offend-
perfon fo offending, and to convey, or caufe to be cronveyed to ^^'*
fomc juftiee of the peace, the perfons fo apprehended, to be
proceeded againft in fuch manner as is herein after diredled :
and in cafe any conftable, or other fuch officer, (hall refufe or ^^^^^ o"^-
negle^t to ufe his beft endeavours to apprehend or convey to ing7hc?dcity
Ibme luftice of the peace any fuch ofiender -, it (hall be deemed
a negledt of duty in fuch conftable or officer, and he (hall be
punifhed in fuch manner as is herein after direded : and in cafe
any other perfon, being charged by any juftice of the peace fo
to do, (hall refofe or negle6t to ule his beft endeavours to ap-
prehend and deliver to the conftable^ or fuch other offieer^ or
to' carry fiich ofiender before (bme juiflice of the peace^ where
no conftaUe or odier fuch officer can be found ; fuch peribn fo
oflbiding) as afbreiiiid, being thereof convided upon view, or
1^ the oath of one or more credible witnefs or witneiies, before
one or more jafUce or juftices of the peace, (hall forfeit the
fnm of ten (hiUines, to the ufe of the poor of theparifh or phce
wberchi facb omnce (hall be comqnitted ; to be levied by dif-
trefs and £iie of the offender's goods, by warrant firom any juf-
tice or juAiees) and the overplus (if any) after the char-
ge of fuch JkStrtfi fatisfied, (hall be returned to fuch ofiender :
and in cafe any perfon not being a conftable, or fuch other offi- Reward for
cer, ihall apprehend any fuch rogue or vagabond, and (hall do- ^^^.^/*^
liver him or her to a conftable, or other fuch officer, or fludlK**^^*^
coBvey, m* caufe him or her to be conveyed to fome juftice or
juftices of the oeace, according to the diredions of this ad i or
if any conftafaie, or other fu(£ officer, ihall fo apprehend and
convey fach n^e or vagabond } it (hall and may be lawful for
foeh juftice or juftices to reward any fiich conftable or other per-
folk, ny makiAg an order under hand and feal upon the hidi or
chief conftable, to pay the fum of ten (hillings to the. perfon fo
apprehending him or her, within one week after demand, and
producing fuch order, and upon his giving a receipt for the fame ;
and tfafe ume (hall be allowed or paid by the treafurtr of the
county, riding, divifion, or liberty, to fuch tugh or chief con-
ftable on his paflin^ his accounts, and delivering fuch order and
receipt, and alfo his own receipt for the fame, to fuch treafurer ;
and the faid juftices at the general or quarter feffions, (hall al-
lo# the (ame to fuch treafurer in his accounts, upon his pro-
dadng and delivering up the vouchers aforefaid : and in cities,

L 2 boroughs,

148 AnnodecimofeptimoGEORGiiII. c. 5. [1744^

boroughs, towns*corporate, and other places where there ar^
no high or chief conftables, fuch petty conilables and other offi-
cers (hall pay or retain fuch reward, as aforefaid, and be allow-
ed what they (hall lb pay or retain by virtue of this a6t in their
refpei^^ive accounts, upon their producing and delivering uplh»
like vouchers : and in cafe any high or chief conftable, or wber^
payin^thc rc^ ^^^^ *^ "^ ^^^^ °^ ^^'^^ conftable, fuch petty conftablc, or other
waud. officer, (hail r«fufe or neded to pay tuch reward on de-

mand, it (hall a)tid may be lawful for luch juftice or juftices of
the peace, by warrant under hand and feal, to levy the fum of
twenty (hiUings, by di(b-efs and fale of the goods of'^fuch officer,
and thereout to allow to the perfon intitled thereto^ the faid Kr
ward of ten (hillings, and fuch other recoqfipehce fo^ bis trou-
ble, lofs of time, and expences, as the faid juftiee or juftices
(hall think fit ; and the overplus (if any) (hall be returned to
fuch officer upon demand.
General privy VI. And be it further enacted by the autliority aforelaid. That
fearches to be the juftices of the peace for every county, riding, city, borough*
made. town-corporate, divifion, or liberty, or any two of them, (hall,

four times in the year at leaft, or oftner (if need be) meet in their
refpedive diviiions, and by their warrant, command the coDfta-
bles or other peace-officers of every hundred, parifh, to^n,
and hamlet, in their feveral diviij9ns, who (hall be afTifted with
fufficient men of the fame places, to make a general privy Xe;ircb
in one night, throughout their feveral and refpedtive limitSy^for
the finding and apprehending of rogues and vagabonds; fnd
every juftiee of the peace (hatl alfo, on receiving infomaatipQ
that rogues and vagabonds are in any place within his jiiijUiiic-
tion, iSue his warrant to the conftable or other officer of fuch
place, to fearch for and apprehend fuch rosues and Tagal^qpdsy
and fuch rogues and vagabonds as they (halffind and apprabipi'
upon fuch Marches, they fliall caufe to be brought bcfom^
juftiee or juftices of the peace of the fame county, ridings fiky)
borough, town-corporate, divifion, or liberty. y •

Tufticcs to ^^** ^"^ ^ ^^ further ena<fted by the authoritv aforeiaid,

uunith vaga- That where any rogues or vagabonds, apprehenaed by.-aoy
bonds, &:c. conftable, or fuch other officer or perfon as aforefaid, of. upon
t*kcn up at f^^h fearch as aforefaid, (hall be brought before any juftiee or
privy fcarcbes-j^j^j^^g of the peace, it ftiall and may be lawful for fuch juftiee
or juftices, and he or tbey are hereby required to inform faim-
felf or themfelves, by the examination upon oath of l^ po^
or perfons apprehended, or of any other perfon, of thecoodi-
tion and circumftances of the perfon or perfons Ibapprebeoded,
and of the parifti or place, where he, (he, or they were laftie-
gally fettled ; the fubftance of which examination or examina-
tions, (hall be put into writing, and be fub(cribed or ^^Qed.by
the perfon or perfons fo examined ; and the faid juftiee or juftices
(hall likewife fign the fame, and tranfmit it to the next general
or quarter feffions of the peace to be holden for the (ame coun-
ty, riding, city, borough, town-corporate, divifion, or liberty,
there to be fited and kept on record ; and fuch juftiee or jufiico

17440 Anno declmo feptimo Georgii II. c. 5. 14^

of the pcace^ fhall and arc hereby required to -order all fuch
perfons fo apprehended, to be publickly whipt by the conftable,
petty conftable, or tythingman, or lome other perfon to be ap-
pointed by fuch conftable, petty conftable, or tythingman, of
fuch parim or place where fuch perfons were apprehended; or
to order fuch perfons to be fent to the houfe of correction, there
to remain until the next general or quarter feflions, or for any
lefs time, as fuch juftice or juftices Qiall think proper; and aN DiflTerent (brtg
:er fuch whipping or confinement, fuch juftice or juftices may, of vagabond*,
md are hereby impowered, if they think convenient, by a pafs ^^^ ^^ be
jnder hand and fcal, in the manner and form hereafter direAed, P*"*^*
ro caufe fuch peribns to be conveyed to the place of their laft
egal fettlement ; but if it cannot be found, then to the place of
their birth; or if fuch perfons, or any of them, be under the
ige of fourteen years, and have any father or mother living,
:hen to the place of the abode of fuch lather or mother, there
0 be delivered to focne churclv- warden, cfaapel- warden, or overs-
eer of the poor of fuch parifti, town, or place ; which pafs (hal|
>e In the form or to the effeA following:

r>' /*f ccfi/laiU df in the county of

[br to the tythingman, or other officer, as the cafe ftiall be,
or if the offender is committed to the houfe of corre^ion, then
to the governor or mafter thereof] And alfo to all conjiables and
other officers whom it may concern ^ to receive and convey ; and to
■ibe church- wardens^ chapeUvmrdensj or overfeers of the poor of the
pariflfj town^ or place (a« the cafe ftiall be) of in thf

totihty of or either of theniy to receive and obey.

VWT H E R E A S' was (or were) apprehended in the Form of tht

W parijhof (or in the town of or other ?»'»•

face, defcribing it) as a rogue and vagabond^ or as rogues and va-
lihomky videlicet, wandering and begging there (or as the cafe
hall be) and upon examination of the fend taken before

ttpoH oath (which examination is hereunto annexed) it doth
fpedr, that his^ her, or their Ja/i legal fettlement is at
kVhii county for, in the county of ) or, that tbefaid

'■>'■'■ was (or were) born in theparijh of in this

kmty (or. In the county of ) and hath (or have) not

Mrtf obtained any legal fettlement ; or that the faid . is (or

i^e) under the age of fourteen years^ and hath (or have) a father or
ibfher living or abiding in the parijh (or town) of (ox

ftteer place, defcribing it. ) Thefe are therefore to require you the
hM (ohfabUy or other officer (or governor or mafter of the houfe
if c*orrc(5lion, as the ca(c ftiall be) to convey the faid in

injnext direSi way to the faid parijh (or town) of (or

rtKtr J^lacc) within the faid county^ and there to deliver him (her
^them) tofome church-wardeny chapel-warden^ or cfuerfeer of the
Mr of the fame parijh (town or place) to be there provided for
Yc&ding tdtawy or in cafe the faid parifti, town, or place, to
rhich fuch perfon or perfons is or are to be fent) lies in fome

L 3 other

sfo Anno dedtno feptimo Georgii IL c. 5. (^744*

other county, riding, divifion, corporation, or franchife having
feparate general or quarter feffions of the peace, then the fbmi
ihall be as folio weth, videliaU To convey the /aid to the

parijh (or town) of that being the firft parf/b {or town)

in the next precinff through which he (Ihc or they) ought to pafs n
the direSl way to the fdd parijh (or town) of to miA

he ((he or they) is (or are) to be fent^ ana to deliver Km (har or
them) to the conJlabUy or other officer of fiub firft town {ot parifll)
infuch next precinff^ together with this pafsy and the duplicate oftbe
examination ofthefaid taking his receipt for th€fami\ ad

tbejaid is (or are) to be theme conveyed on in lUe mh-

ner to the faid parijb (or -town ) of there to he diUverei

iofome church-warden^ chapel-warden^ or averfeer of tbi poor oftbi
fame parijh (town or place) to be there provided for aecordsm>tt
law; and you the faid church-wardensy chapel-tuardons^ amJaverfiers
of the pcoTy are hereby refuired to receive the fnd porfon (or fcr-
ums and provide for him (her or them) as aforefaid.

Duplicate of VIII. And be it further enaded by the authority afopefiud,
the paft and That fuch juftice or juftices (hall make or caufe to be mtde a
t ^'"^fifTr^ ^^P'^^^^^ ^^ ^"^^ P^^ *^d examination, and fign the fiunei woA
the next^ge- ^^^ afterwards tranfmit the duplicate of the &d paft aiiMxd
neral or quar- to the examination, to the next general or quarter feflions of
ter feilions. the peace, there to be filed and kept on record} and fliall an-
nex the duplicate -of the examination to the ps^s, md fend it
with the fame; and the faid pafs, examination^ orduptkites
thereof, (hall and may be read in any court of record in £1^-
land^ ff^ales^ or the town of Berwick upon Tweedy as evidence.
Power of iu- ^^* ^^^ ^^ *^ further enafted by the authority aforefaid. That
(Hoes over ' Where anvoflfenderagainft this adt (hall be committed, asafor^
vagabonds ^ faid, to the houfe of corredtion, there to remain until the next
^nd incorrjgi. general or quarter feflions; and the juftices at fuch feflions (hall,
Die rogues. ^^ examination of the circumftances of the cafe, adjudge fudi
perfon a rogue or vagabond, or an incorrigible rogue ; they
may, if they think convenient, order fuch rogue or v^igabond to
be detained and kept in the faid houfe of corredion to hard la-
bour, for any further time not exceeding fix months, and fiidi
incorrigible rogue, for any further time, not exceeding- two
years, nor lefs than fix months from the time of maklngivilch
0(der of feflions; and during the time of fuch perfon's confine-
ment, to be ccrreded by whipping, in fuch manner, and at
fuch times and places within their jurifdidions, as accordui| to
the nature of fuch perfot^'s offence, they in their difcredon ftall
think fit ; and fiich perfon may (if the juftices at the £aid fdfi-
ons (hall think convenient) afterwards be fent away by fuch
pafs, mutatis mutandis^ as aforefaid ; and if fuch peribn being a
pnale, is abbve the age of twelve years, the juftices at their
feflions may and are hereby impowered, at any time before be
IS difcharged finom the houfe of corredion, to fend him to be
employed in his Majefty's fervice, either by fea or land, if they
flull judge proper; and in cafe any fuch incorrigible rogue, fo

ordered

17440 Anno dcdmo iepdmo Geokoii It. «. i;. 151

orderod by the faid ceneml or garter fefConi to be detained
and kept in the (aid houfe erf" oorreAion, fliaU^ before the expi-
ration of the tirot for which he or (he (hall be To ordered to bo
there detained and kept, break out or make hiis or her efcape
from the (aid houfe of corredion, or (hall offend again in like
manner; in every (iich cafe, every fuch per(bn (hall b{ deemed
and taken to be guilty of felony* and beii^ legally convidled
thereof, (hall and may be tranfported for any time not exceed-
ing feven years, in the fame manner as by tiie laws now in be-
ing other felons may be tranfported.

X. And to prevent unneceflary expence in the paflin^ or con- Jufticet to re.
veying of rogues, vagabonds, and incorrigible rogues, be it en* gul^te the
aa^ed by the authority aforefaid, That the juftice or juftices of P*^"' Hp"^'
Oh^ peace, who (hall make the pafs, (hall at the feme time, ^"^5^/"*
whbthe laid pafs, caufe likewife to be delivered to the confta-
bie, or other officer appointed to convey them, a note or certi-
ficate, afcertaining how they are to be conveyed, by horie^
cart, or on foot, and what allowance fuch conftable or other
t>Aoer is to have for conveying them (according to the rates or
ilkywimces appointed by the general or cUarter feflions of the
Mgce^ as is herein after dire^d) inthe form, or to the effeft
foUo^ving, vkUuit:

IJI/HEB^E AS hy a pafs (redting the fub(Unce or efifea of „ . ,.
VV the faid pafs) / (or wej A bmhy tn-dir 4md dSnii thifmi\^f,!^l^^,
pnfm (or perfons) H bi cwmjid onfm (or in a cart, or by horfc,
pf tetera) H ihifaii tium (or parim) tf' m

(or other place, defcribing it) in the way to fuch parijb (town
or places as the cafe (hall be) in daystimi; for

wikbthi faid cwftabU ^et cetera) is to be allowed the fum of
and no more.

,. : Given under my hand {or our bands) this day, et utirax

: iXI* Apd be it further enadled by the authority aforefaid, That ^^e dut v of
^t conftable, or other officer, who (hall receive fuch pafs and officers with
ecffttficate, (IkiII^ and is hereby required to convey, or caufe to fuch pafs and
bs conveyed, the perfon or perfons named in fuch pafs, in fuch certificate.
manner, and in fuch time, as bv the (ame pafs (hall be direA- ^f q^^ g'
pd^ dte next direfk way to the place where he, (he, or they are c. 34.
pr4(elred to be^ient, if fuch place be in the fame county, riding,
^iyifion, corporation, or franchife, where the faid perfon or
mMphb were apprehended ; but if the place to which the per-
IHI orperbns to apprehended is or are to be fent, lies in fome
Other county, riding, divifion, corporation, or franchife, he
(hall deliver the faid perfon or perfions to the conftable or fuch
9lher officer of the firft town, pari(h 01; place, in the next
county, riding, diviiion, corporation or franchife, in the dire^
way to the place to which fuch perfon or perfons is or are to be
conveyed, together with the faid pafs and duplicate of examina-
poiif taking bis receipt for the fame 1 and fuch conftable or

Ir 4 other

I5t Anno dedmo fepdmo Georgii II. c. 5. [i744»

other officer (hall, withgut delay, apply to feme juftice of the
peace in the fame county, riding, divifion, corporation or firan-
chife, who (hall make the like certificate as before {mutatis mu-
tandis) and deliver it to the faid coilftable or other officer, who
ihall and is hereby required with all fpeed to convey the perfon
or perfons unto the firft parilh, town or place, in the next coun-
ty, riding, divifion, corporation or franchife, in the dircA way
to the place to which fuch perfon or perfons is or are to be
conveyed ; and To in like manner from one county, ridings di-
viiion, corporation or franchife, to another, till they come to
the place to which fuch perfon or perfons is or are fent; and
the conftable or other officer, who (hall deliver fuch perfon or
perfons to the churchwarden or other perfon ordered to receive
them by fuch pafs, (hall at the fame time deliver the faid pafs,
with the duplicate of examinationi taking their receipt for the
fame; and if the churchwarden or other perfon, who (h^ re-
fceive any perfon fo fent, (hall think the examination to be falfc,
he is hereby impowered to carry the perfon fo fent, before
fome ju(^ice of the peace, who, if he f(pe caufe, may commit
fuch perfon to the hou(e of corredlion, till the next quarter-
ifeffions, and the juftices there, if they fee caufe, may deal, with
fuch perfon as an incorrigible rogue ; but the perfon fo fent
fhall not be removed A*om the place to which fent, but by or-
der of two juftices, in the fame manner as other poor ipcrfons
are rerhoved to the place of their fettlement.

XII. Jnd whereas it often happens that perfons eommit aSs of
vagrancy wpen they are in cirtumjianees fufficient to pay for^ that

Perfonft (hall journey horm ; be it therefore enadted by the authority aforefaid,

pay lor their That it (hall and may be lawful for any juftice of the peace^ be-

?rtht^'^^^^' fore whom any vagrants (ball be carried, to order fuch vag^ts

foun<f aWc. ^° ^ fearched, and their bundles to be infpe<3ed by the confh-

ble, tythingman, churchwarden or overfeer of the poor» in the

prefence of the faid juftice ; and if it (hall appear, that any fuch

vagrant (hall be found to have fufficient wherewithal to pay (or

their pa(rage, either in the whole or in part, to the pariAi to

which they belong, then the faid juftice or juftices (hall order

fp much of the money to be paid, or other effedks found f Kb

or upon fuch vagrants, to be fold and employed for and towards

the cxpence of taking up and pa(nng fuch yagrants as aforeCiid,

returning the overplus (if any be) after deducing the charges

of fuch fale, to fuch vagrants.

XIII. And be it further ena£led by the kuthoritv aforefaid,
Rcguhtiong That the conftable or other officer of any pari(h or place, widiin
forpafTingva- the counties of Cumberlandy Scrtkumberland^ Durham or town
IcoSand/^ of Berwick upon Tweedy (hall, and they are hereby authofixed

and required, upon any perfon or perfons being delivered to
them by a pafs and examination, who (hall have been apfne-
hendtd within the faid counties or town, or brpught to them
according to the diredlion of this a£^, whofe place of leg^ fet-
. tiement is in that pan oi Great Britain called Scotland^ to deliver
fhe faid examination to the clerk of the peace for fuch refpec-

tive

1744-} Anno dccimo fcptimo Georgii II. c.5. 153

tive county, to be kept among the records of the feflions of that
county, and to convey or caufe to be conv^ed, fuch perfon or
pcrfons, with the (aid pafs, into the next adjoining (hire, ftew-»
artry or place in that part of the united kingdom ; and to de-»
liver him, her or them to Tome conftable or other officer of the
next pariih, diftri<% or place, within the faid (hire, ftewartry or
place, taking his recdpt for him, her or them ; and fuch officer
is hereby required . to receive fuch perfon or perfons, and give
fuch receipt, and to difpofe of him, her or them according to
law; and in cafe any fuch vagrant, after beit^ fo fent and
conveyed into that part of Great Britain called Scotland^ fliall,
after being fo fent as aforefaid, be found wandering, beggine or
misbehaving him or herfelf within that part of Great Britain
called England., contrary to the true intent and meaning of this
adt ; every fuch perfon fo oflfending, (hall be deemed an incor-
rigible rogue, and be pimilhed as incorrigible rogues are to be
puni(hed by this aA«

XIV. And whereas divers vagrants have been conveyed from
county to county^ in order to be fent to tlaces in Ireland, the ifies of
Man, Jerfey, Guemfey, or Scilly {their lafi legal fettUment) but
for want of authority to compel mafters of Jbips and vejfels to take
fhem on boards in order to be carried thither at reafonable rates^ they
may be very chargeable to the maritime counties ^ towns and places in
England tf»^ Wales, where they may lie for fuch exportation \ be it Regulatimis
tiierefore enacted by the authority aforeraid. That all and every for pa(Ibigva«
mafter and mafters of any (hip or veflcl or pacquet boat bound P*,"^*,*"i]i
for Ireland, the iHes oi Man, Jerfey^ Guernfey or. Scilly, (hall, ^"^'*- *^-
and they, and each of them is and are hereby required, upon
warrant to him or them direAed under the hand and feal of a
juftice of the peace of the county, town or place where fuch
(hip, ve(rel or pacquet boat (hall lie, to take on board the fame
fuch vagrant and vagrants as (hall be named and expre(red in
the faid warrant, and convey him» her or them to fuch place in
Ireland, the ifles of Man, Jerfey, Guernfey or Scilly, as fuch (hip,
veflel or pacquet boat (hail be bound to, or (hall arrive at -, and
for the charges thereof fucb mafter (hall take, and the conftable
or perfon who ferves him with the faid warrant (hall pay him
fuch rate per head, as the juftices of the peace at their quarter-
fe(rions (hall from time to time appoint for every fuch vagrant
fo brought and delivered to him; and fuch mafter (hall and is
hereby required, on the back of the faid warrant, to fign a re-
ceipt tor the money fo paid, and alfo for the vagrant or vagrants
fo brought and delivered ; which warrant fo endorfed (hall then
be produced to the juftice of the peace who (igned and fealed
the fame, and uppn his allowance thereof, under his hand, the
money fo paid (hall be repaid by the county, in fuch manner
as by this a6t the money to be paid for conveying vagrants from
county to county is dire<5ted ; and every mafter of fuch ftiip. Penalty on
veftel or pacquet boat, neglecting or refufing to receive onboard, niaften of
or to tranfport fuch vagrant or vagrants, or to indorfe and fign *5p^"fing
fuch receipt as aforefaid, (hall forteit five pounds to the ^k^^mnuim'

6 thebMurd.

jr^. Anno decinK) feptimo GeoRGII IL c. g. [i744*

the poor of the pari(h or place where the ofitnce ftmU becom-
mimd; to \}e levied by diftrefs and (ale of the laid (hip, or any
goods within the (ame, by warrant under the hand and feal of
any juftice of the peace for the fame county, city or town cor-
porate, returning the overplus (if any be) upon demand^ after
the faid penalty and charges of levying the wot as fattsfied.
Matters not ^V. Provided always^ and it is hereby declared. That no
obligedtotake mafter of any fuch pacquet boat, (hip or vedel, (hall be com-
on board more pelled to take on boani more than one vagrant for every twenty
than one va- ^^^^ burthen of any fuch boat, (hip or v^.
frtow bll^?^ XVL. And be it fiiither ^naAed by the authority afbit&id,
Chen. That the juftices of the peace of any county, riding, city, fao-

juftices to H- rough, town corporate, ^vifion or liberty, mall and may at the
mit the rate* general or quaner-feflions of the peace from time to time, Ihntt,
pafiing va-*^ appoint,- and dircdt what rates and allowances per mile, or
grants, 6cc. otherwife, (hall be made for the paflin^, conveying or mais-
. taiaing of rogues, vagabonds or incorrigible rogues, to bepafled
or conveyed as afcMmid; and may likewife make fiich oAer
orders, rules and dire6Hons, for the more regular proceedmgor
adling therein, within their refpeAive limita and ^rifiKdaons,
as they, in their difcretion (hall think proper; which rates^ al-
lowances, orders, rules and directions (hall (rom time to time
be ob(erved and fubmitted to by all ju(Hces of the peace, con-
ftablesy o(iicers and other perfons vrithin the (amelimhsand
jurifdidions refpcdively.

-- iigb XVIL And be it further enaded. That in cafe anv^pcttr

hie ' - - - - - - ^ . ^ - ^ y, . .

ponftahTe to conftable, or other fuch officer of any pari(h or place, (hall br»g

t^ petty ^n* ^^ ^^^ ^^^^ ^ ^^^^ conftablc any luch certificate as afiDfcfaid,

ihihles,&c. for As(hall be given him by any jultice or juftices of the peace for the

pafling va- proper county or place, afcertaining how and for what rates or

grants. allowances he (hall be required to convey any rogues, vagabonds

or incorrigible rogues as aforefaid, together with a receipt or

note from any conftable or other officer or perfon to whom the

peribn or perlons fo to be conveyed was or were delivcreiU die

laid high or chief conftablc (ha(l and may pay unto (uch pett]f

oonftable or other officer* the rates or allowances afcertamedin

and by fuch certificate, and no more, taking from fuch petty

conftable or other officer fuch certificate, and his receipt ficHr the

fame ; and the faid high or chief conftable (hall be allowed the

fame by the treafurer of the county, riding, liberty, divi(ion,

corporation, or franchife, on his pa(iing his accounts, upon his

producing and delivering up fuch certificate and receipt, and

^ ^ving his own receipt for the fame to fuch treafurer ; and thf

juftices at the general or quarter-feffions (hall allow the fame to

fuch treafurer in his accounts, upon his producing and deliver-

Penaltyonthe ing op the vouchers aforefaid: and in cafe any high or chief

high conila- conftable (hall refufe or negleA to pay the (aid petty con(hhle,

bie'« refonn^ ^f other officer or perfon, the rates or allowances afcertained in

rettc3 by^the ^^ ^ '^^^ certificate and receipt, on demand ; it (hall and may

jotticei war- ^ lawful for any juftice or juftices of the peace, by warrant

rant. under hand «k1 leal to levy double th^ fum afcertained by fuch

* * certificate,

[744*] Anno dedmo feptimo Georcii II. c. 5. 155

certificate, by diftrefs and file of the goods of fuch high or chief
conftable, and thereout to allow the faid petty conftabic, or
other oflBcer or perfon, the fum afcertained in and by fuch cer-
tificate and receipt, and fuch other recompence for his trouble,
lofs of rime and expences, as the (aid juftice or juftices (hall think
fit; and the overplus (if any) (hall be returned to fuch high or
chief conftable upon demand; and in cities, towns corporate
and other places, where there is no high or chief .condable,
fuch petty conftables or other officers (hail be allowed what they
(hall fo pay purfuant to the diredions of fuch certificate, in their
refpedive accounts^ upon their producing and delivering up fuch
vouchers; or in cafe any governor or mafter of a houfe of cor*
region (lull deliver fuch certificate and receipt to any treafurer
as aforefaid, fuch treafurer (hall pay the rates therein afcertained
to fuch governor or mafier of a houfe of corredion, taking his
receipt for the fame, which (hall be allowed to fuch treafurer in
Kb accounts, on his producing and delivering up fuirh vouchers.

XVni. Provided always, and be it further enaded by the Penalty on
amhori^ aforefaid. That in cafe any fuch petty con(table, or counterfeiting
other officer, or governor, or mafter of any houfe of corre6Hon, ^^^^1^*^
(hall counterfeit any fuch certificate, receipt or note, or make, receipu, or
or knowingly permit to be made, any alteration in any fuch notes.
certificate, receipt or note, he (hall forfeit the fum of fifty ^^^ ^
pocmds; and in cafe he (hall not convey, or caufe to be con- 1^^ *^
veyed, the perfons to the place where they ought to be con-^j^^^
vey^d, or (mil not deliver them to the proper perfon ; or if any order ; and
oon(bl>le, or other officer or perfon, (hall refufe to receive any on the of-
fiich perfons fent to them, or to give a receipt or note as before ^^?^!^ "°J^ ^^
dixeded; that in any of the (aid cafes, the conftable or other p^^^l"^ ^^
oflker or perlbn, (hall forfeit the fum of twenty pounds ; which Manner of Ie«
taid letpe&ivt forfeitures (hall be levied by diftrefs and fale of vying the pe-
the offender's ^oods, by warrant or order of the juftices of the ^^^y*
peace, where fuch oiSTence (hall be committed, at their general
or qi]arter-(e(Iions ; one moiety to be paid to the perfon or per-
fons who (hall firft make information againft any fuch offender^
md (he other moiety to be paid to the treafurer of the county
or place, to be applied by him as part of the publick ftock; and
the overplus (if any) after fuch forfeitures levied, and the chaiges
cjf diftrefs fatisfied, (hall be returned to fuch conftable or other
officer or perfon upon demand.

XIX. And be it enaAed by the authority aforelaid. That Vagabonds,
the parifti or place to which any rogue, vagabond or incorrigible &c. to be fet
foguc, (hall be conveyed by pafs as aforefaid, (ball take care to ^ ^o^k.
employ in work, or place in fome workhoufe or almftioufe, the
peribn or perfons (b conveyed to them, until he, (he or they
(hafl betake tbemfelves to fome fervice or other employment :
^nd in cafe any fuch perfon or perfons (hall refufe to work, or
Mali not betake themfelves to fome fervice or employment, the
overicers of the poor of the fame pari(h or place, or the major
part of them, may caufe fuch perfon or perfons to be carried

before

156 Anno decimo fepdmo GeoRGII II. c. 5. [*744.

before fome juftice of the peace, in order to be fent to the houfe
of correction, there to be kept to hard labour.
Lunaticks to XX. And whereas there are fometimes perfonSy who by lunacy y or
he confined Qtherwife^ are furioujly mady or are Jo far at/ordered in their fenfes
iufticw^.*"' ^ '*^' ^^^y ^^ *^ dangerous to be permitted to go abroad; be it there-
fore enaAcd by the authority aforefaid. That it (hall and may
be lawful for any two or more juftices of the peace, where fuch
lunatick or mad perfon (hall be founds by warrant under their
hands and feals, dirc6led to the conftables, churchwardens and
overfeers of the poor of the parifh, town or place, or fome of
them, to caufe fuch perfon fo to be apprehended, and kept fafely
locked up in fome fecure place, within the county or precindt,
where fuch parilh, town or place fhall lie, as fuch juftices (hall
under their hands and feals direft and appoint ; and (if fuch
ju(tices find it neceflTary) to be there chained, if the laft legal
fettlement of fuch perfon (hall be in any pari(h, town or place
within fuch county or precincft ; and if (uch fettlement (hall not
be there, then fuch perfon (hall be fent to the place of his or
her laft legal fettlement by a pafs, mutatis mutandis, as aforefaid,
Goods and and ftiall be locked up or chained, by warrant of two juiKces of
eftates of lu- the county or precinft to which fuch perfon is (o fent, in mzn-
fell^^'to pay ^^^ aforefaid ; and the reafonabl? charges of removing, and of
the charge D? '^^cpittg* maintaining and curing fuch perfon during fuch rc-
their mainte- ftraint (which (hall be for and during fuch time only as fuch
naijcf. lunacy or madnefs (hall continue) (hall be fatisfied and paid

(fuch charges being firft proved upon oath) by order of two or
more juftices of the peace, dire6ling the churchwardens or over-
feers where any goods, chattels, lands or tenements of fuch
perfon (hall be^ to feize and fell fo much of the goods and chat-
tels, or receive fo much of the anftual rents of the lands and
tenements, as is nece(rary to pay the fame ; and to account for
what is fo feized, fold or received, to the next quarter-fe(rions^
Otherwife at but if fuch perfon hath not an eftate to pay and fatisfy the fame,
tb^ ^^^ ^^ ^^^ ^^^ above what (hall be fufficient to maintain his or her
•P*" • family, then fuch charges (hall be fatisfied and paid by the
par](h, town or place to which fuch perfon belongs, by order of
two juftices, direi5led to the churchwardens or overfeers for that
purpofe.
Provifo. XXL Provided always. That this a<5t, or any thine therein

contained, (hall not extend, or be conftrued to extend, to re-
ftrain or abridge the prerogative of the King, or the power or
authority of the lord chancellor, lord keeper or commiffioners
of the great feal of Great Britain for the time beings or the
chancellor, or vice chancellor of the county palatine of Lamafter
for the time being, or of the chamberlain or vice chamberlain
of the county palatine of Chejfer for the time being; touching
or concerning fuch lunaticks, or to reftrain or prevent any friend
or relation of fuch lunaticks from taking them under their own
care and protection; any thing in this a<5t contained to the con-
trary notwithftanding.
XXn. And be it further ena(5ted by the authority aforefaid.

That

1 744-] Anno decimo fcprimo GeoRGII II. €.5, 157

That in cafe any conftnble or other officer, or governor or ma- Penalty on of»
fter of any houfe of corrc<aion» (hall be defe(5live, remifs, or fic«ri nor do-
negligent in his duty, in the execution of this a6t, in any cafe J"^ "^ '
for which no punifhment is herein before particularly provided; andonperfont
ur in cafe any perfon or perfons Ihall difturb or hinder the exe« bindenngthe
cution of this a(5^, or ftiall refcue any perfon apprehended^ or paf- ^J?^"^°^ ^^
fii^g from place to place by virtue thereof, or fhall be aclviling, refj^' ^'^rf-
aiding or affifting to his or her efcape, and Ihall be thereof C(Jn- foncr!!*^*^"*
vidted upon the oath of one or more credible witnefs or wit-
nellcs, before one or more juftice or jufti^es of the peace, where
fuch offence (hall be committed (which oath the faid juftice or
juftices are hereby impowered to adminifter] the perfon or per-
fons fo offending, for every fuch offence (hall forfeit any fum
not exceeding five pounds, nor lefs than ten (hillings, to theufe
of the poor of the parilh or place where fuch offence (hall be
committed ; to be levied by diftrefs and fale of the offenders To be levied
goods, by warrant from fuch juftice or juftices, returning the bydiftrcftaiid
overplus (if any be) upon demand, after the faid forfeiture and »
charges ot making and keeping the faid diftrcfs fliall be paid
2od fatisfied ; and if fuAicient diftrcfs cannot be found, it (hall
and may be lawful to and for one or more fuch juftice or jpftices
to commit the perfons fo offending to the houfc of corredtion,
there to be kept to hard labour for any time not exceeding two
months.

XXIII. And whereas perfons herein before defaihed to he rogues^
vagabonds or incorrigible rogues^ are much encouraged in wandering
about ^ by the reception they too often meet with in villages and places
where they are permitted to lodge in houfes^ bjrns or other outhoufes
cr buildings f by means whereof and their fouing fick there^ great
expences are Jometimes brought upon pari/hes j for remedy thereof, Penalty for
be it enaded by the authority aforefaid. That if any perfon (hall Weltering va*
knowingly permit or fulfer any fuch rogue, vagabond or ii}cor- g**>o«id8.
rigible rogue, to lodge or take (belter in his or her houfe, bam
or other outhoufo or buildings, and (hall not apprehend and
carry fuch rogue, vagabond or incorrigible rogue before fome
juftice of the peace, or give notice to fome conftable, or other
fuch officer io to do; fuch perfon being thereof lawfully con«
vidled, either on confeffion, or upon oath of one or more cre-
dible witnefs or witneffes, before one or more of his Majefty's
juftices of the peace where fuch offence fhall be coitimitted, fliall
forfeit any fum not exceeding forty ftiillings, nor fe£s than tea
(hillings ; one moiety thereof to the informer, and the other moi-
ety to theufe of the poor of the parifh or place where fuch offence
(hall be committed; to be levied by diftrefsand fale of the goods
and chattels of fuch offender, by warrant from fuch juftice or Juf-
tices, returning the overplus (if any) uoon demand, after (uch
forfeiture and charges of fuch diftrefs mall be fatisfied; and If
any charge (hall be brought upon any parifh or place,' by means
of any fuch offience, the ume mall be anfwered to the faid parifli
or place by fuch offender, and be levied by diftrcfs and lale of
his or their goods and chattels as aforefaid : and if fufiicient dif-

tre(s

13^ Anna decimo feptimo Georoii II. c. 5. D744.

trefs cannot be found, fuch offender (hall be coounitCed to dM
houfe of correAion by the juftice or juftices, for any dme ndt
exceeding one month.

XXIV. And whenai ptrfons are eften found gffimdiHg agoiiUt
this cSt^ having chiUnn with them^ whom thif kring up in a M^
folate courfi of life^ di/hv^ivi t§ fuch children^ and prnudidal U
the kingdom^ in which a race of mfordirfy per/in f wiU teicreefe^ if

Befr^ars with f^^b children arefuffered to remain with fuch offenders ; be it thtt^
children how fore enaded by the authority aforefaid. That if any fuch cUM,
to be ordered, above the age of feven years, (hall be committed to the hoofe
of corredion as aforefaid, it (hall and may be lawful for the
ju(tice$ at the quarter feflions, if they fee convenient, at atty
time before fuch child be difcharged, to order fuch cMId to bt
placed out in fuch manner as they (hall think fit, as a fenrancor
apprentice to any perfbn within their refpedUve juriidiAioM,
who is willing to take fuch child, to ferve fuch perfon till fueh
child (hall arrive at the age of twenty one years, or for any led
time, as to the faid juftices (hall feem meet: and if any offi^dor,
who was found with fuch child as aforefaid, (hall be again fbttnd
with the fame child (which was (b placed out as aforefmil} o(f<-
fending againft this ad, fuch offender (hall be deemed an indoi-
rigible rogue.

XXV. And whereas women wandering and beggings art tfioM
delivered of children in parijhes and places to which tbey da mt4(h
longj whereby they become chargeable to the fame \ be it tficrafbit

How to order enaded by the authority aforefaid. That where any («ch WMM

women de- (hall be fo delivered, and become chargeable, it (hall and wy

livered of be lawful for the churchwardens or overfeers of the poor of fudi

^^^cct*^ pari(h or place, to detain fuch woman in their cuftody, miil

they can fafely convev her to fome ju(Uce of the peace^^^iriio

(hall examine her, and commit her to the houfe of cotttSSut^

until the next general or quarter fedbns, who may (if they kt

convenient) onler her to be publickly whipt, and detaincdia

the houfe of corredion, for any further time, not exceeding fix

months ; and upon application by the churchwardens or dNf*

feers of the place, where (he was fo delivered, thejuftktUtt

fuch feflions (hall order the treafurer of the county or diftrilftio

pay them fuch a fum of money as (haM be adjudged a redbnaUe

&tisfadion for the charges fuch place has been put tp on fuch

woman's account; and if fuch woman (hall be detadtief 'ttd

conveyed to a juftice as aforefaid, the child of which ft^ ir di^

livered, if a baftard, (hall not be fettled in the place mXat^h

bom, nor be fent thither for want of other fettkment, by aptft,

by virtue of this aA, but the fettlement of fuch wonuui (Ml

be deemed the fettlement of fuch child ; any law to the cdni^rary

notwithftanding. '-v:.

PaioM ag. XXVI. And be it further cnaded by the authority tftmCM,

u^al tS^tfe T^^*^ *"y P«rfo«s aggrieved by any aa of any ju(ticeor juftfees

next general of the peace out of feffions, m or concerning the execution df

or quarter this adt, may appeal to the next general or quarter feflfons of

ftfltfuit* llii

744-1 Aano decimo feptimo Gborgii IL 0.5. 159

be county^ ridkig^ hberty or diyificm, giTing leaibnaUe ooiice
hereof, whofe order thereupoD (ball be final.

XXVIL Provided always, and be it further enaAed, That This a6l not
ri all cities and towns, wheie, by virtue of fpccial aAs of par- to alter the
lament, the charge of paffing vagrants is to be defrayed in other "»^"*«r of
runner than is by this zA duxdled, or where fuch vagrants, by gJamf, at'
irtue of fpecial ftatutes, are to be n>prehended and conveyed &ttled*by fyc^
o the places whither they are to be ient by any perfon or per* ciai a6ts.
6ns, or officers, odier thao tfaofe named for that purpofe in this
lA, fuch charge (hall be borne and defrayed in fuch cities and
owns in like matiner as before the making of this adt $ and the
>erfon or officer liable to fuch fervice in the faid cities and tovms,
»y virtue of the laid fpecial ads of parliament, (hall continue
iable, as if this aA had never been made ; and if any perfon
hall be delivered to a bedel or conftable within the aty or li-*
lerties of the city of London, to be conveyed on, as direded by
ihis ad, the faid bedel or conftable (hall not deliver fuch pAifon
ji aiiy other precindt within the &id city or liberties, but in the
next county, as direfled by this a<5t.

XX VIII. And be it further enabled by the authority afore- How to order
aid. That where any pcrfons offending againft this aA, have vagrants,
been committed, as aforcfaid, to the houfe of correction, there ^^^^^ ^^^**
to remain until the next general or quarter feffions, if upon be^^iJnd?"*^^
the eicamination of the perfons fo committed as aforefaid, no
place can be found to which they may be fent by a pais as
ftforel^id, the faid juftices (hall at the uiid feffions order fuch
pcrfons to be detained and employed in the houfe of correiSlion^
until they can provide for themfelves, or until the juftices of the
peace, at their general or quarter feffions, can place them out
in ibme lawful calling, as fervants, apprentices, foldiers, ma-
riners or otherwife, either within this realm, or his Majefty's
eolonics or plantations in America^ which the faid feffions are
impowered to do in fuch manner as they (hall think fit.

XXIX. Provided always. That this aA or any thing therein Prpvifofortbt
contained, or any authoritjr thereby given, (hall not in any heirs or af.

wife extend todi^nl^erit, prejudice or hinder the heirs or affigns fign»of Joha
of y^As Duttott of DuHon, late of the county of Chejler^ efquire, ^"®"*
dec^iUied, their heirs or affigns, for, touching or concerning the
liberty, privilege, pre-eminence or authority, jurifdidtion or in-
heritance, which they, their heirs or affigns, now lawfully ufe,
or have, or lawfully may, or ought to ufe, within the county
palatine of Cbejlerj and county of Chefter, or either of them, by
reafon of any ancient charters of any kings of this land, or by
rcafon oi any prefcription, or lawful ufage, or title whatfoever.

XXX* And for the better execution of this aft, be it further ^^^^^ con-
enadked by the authority aforefaid. That upon the prefentment of ceming crcft-
Ibe grand jury or grand iuries at the affizes, great feffion, or ge- jng or enlarge
Mral gaol delivery, held for any county or liberty, that there is ingh^V^*« ^
ao houfe of correction ; and that it will be necefJary to provide ^"^"'®°'
#nc or more houfe or houfes of correction in any luch county,

or

i6o Anno dccimo fepdmo Georgii II. eg. [i744«

or in any riding, liberty, or divifion, in any fuch county ; or
that the houfe or houfes of corredlion already provided thereiB
refpedtively, is or are not fufllicient, and that it will be neceflary
to provide one or more houfe or houfes of corredion there, or
that fuch houfe or houfes of correAion is or are not fufficient
or convenient, or want to be enlarged ; the juftices of the peace
of any county, ridine^ liberty, or divifion, being at the general
or quarter feffions aifembled, (hall have fiill power and authori-
ty to build, eredt, or enlarge, one or more fit or convenient
houfe or houfes of corredtion, or to buy or hire one or more
fit or convenient houfe or houfes for that purpofe, with a con-
venient backfide or outlet, or convenient backfides or outlets
thereto adjoining, or to purchafe land, and eredt fuch houfe or
houfes of correction upon part thereof, and to lay out the reft
of fuch land for fuch backiide or backfides, outlet or outlets^
within any fuch county, riding, liberty, or divifion, according
to the true intent and efFedt of fuch prefentment; and the faid
juftices, being fo aflembled at the general or quarter felfions,
may and (hall conclude and agree upon raifing fuch fums of mo-
ney, as upon examination of able and fufficient workmen, or
any other perfons, (hall appear to be neceflary for building,
eredling, or enlarging fuch houfe or houfes of^ corre6iion, or
for purchafing or hiring a houfe, houfes, or land (if thoufi;ht
nece(rary) for that purpofe : and if it (hall be thought neceinury
for that purpofe, to buy or purchafe any houfe, houfes, or land ;
the houfe, houfes, or land fo purchafed, (hall be conveyed to
fuch perfon or perfons as the (aid juftices fo afTembled at their
general or quarter feffions, (hall think fit, in truft and for the
ufe and purpofes aforefaid.
Houfes of cor- XXXI. And be it further ena(5led by the authority aforefaid,
rcdion to be That the juftices of the peace of any county, riding, city, bo-
^^a^cmcnt^f " '"^"S^' town-corporate, divifion, or liberty, at their general or
The juttlces^j quarter feffions, (hall and are hereby required, from time to
time, to take effectual care that the houfes of corredtion already
provided, or hereafter to be provided, within the limits of tbeir
except thofe refpedtive jurifdidtions, except fuch houfes of correction as have
mainrained by been, or (hall be eredted or maintained by any particular founder
gnvate toun- ^^ founders, fhall be duly fitted up, furnifhed and fupplied with
fufficient implements, materials, and furniture, for keeping, re-
lieving, fetting to work, employing, and correcting all idle and
diforderly perfons, rogues, vagabonds, incorrigible rogues, and
others, who (hall be fent to, confined, or continued in the fame;^
and two of the juftices of the peace within the rcfpeCtive hun-
dreds, divifions, or jurifdidtions, where there (hall be any houfe
or houfes of correction, or any two juftices who fhall be ap-
pointed at the general or quarter feffions for that purpofe, (haH
and are hereby required to vi(it the fame twice, or oftncr if need
be, in every year, and to examine into the eftate and manage-
ment thereof, and to report the fame to the next general or
quarter feffions; to the intent, that if any thing be amifs there-
in, the fame may, by order of fuch general or quarter feffions,

be

i^44i3 Anno decimo feptimo GeoRGII II. C.5. 16 1

be reformed and amended; and the fatd juftices at their refpec-
tive general or quarter feilions, ihall have the like power and
authority over the houfes of corrccSion to be ereded or pur-
chafed by virtue of this aA, as they have by virtue of any Jaw
now in force, over thofe already eredted and provided ; and fur- Mafters of
thcr, that if the faid governors or mafters of the faid houfes of IJoiHes of cor-
corredion (hall not fet or keep the faid idle and diforderly per- ^^^j'? *^ ^
Tons, rogues, va^bonds, or incorrigible rogues to hard labour, t^g^-^^iQlJ!^
and puniih and correct them according to the diredlions of the
warrants or orders by which they (hall be committed to, or det-
rained in their cuftody, or fhall otherwife milbehave themfelves,
or be defective, remifs, or negligent in their duty; the faid
juftices, at their faid general or quarter feflions, are hereby re-
quired to fet and impofe fuch fines and penalties upon them, as
tbev (hall think fit and convenient, in the fame manner as fines
ind penalties may be fet and impofed on governors or mafters
of houfes of correction, for the negle6t therein mentioned, by
an acl of parliament paiTed in the Icventh year of the reign of
K'"g Jam^s the Firft, intituled, Jn a^ for the due execution op J*^' *• ^' 4*
iivers laws and Jiatutes heretofore made againfl rogues^ vagabonds,^
^d fturdy heggariy and other leud and idle perfom\ which fines
nd penalties (hall be paid to the treafurer of the county, riding,
iberty, or divi(ion, and (hall be accounted for by him as part
f the publick or county ftock ; and the faid juftices at their re« or turned out^
pedtive general or quarter feflions, may from time to time ap- at the difcre-
•oint and remove the governor or governors, mafter or mafters, ^'P" °^ ^^^ )*>•
T other officers of fuch houfes of corredtion, and make fuch *^^*
>rders and regulations as they (hall think fit, for the better go-
erning and regulating of the faid houfes of correction, and for
mploying, relieving, and puni(hing the perfons therein, or for
ending them to or from thence, according to the true intent and
neaning of this adt ; which faid order or orders of fuch juftices
hall be final to all intents and purpofes, and no Certiorari (hall
>c granted for the removal of the fame : and in cafe the perfon or
>erfons removed by order of any general or quarter fe(rion3,
hall refufe or n^ledt to quit the po(leirton of fuch houfe of cor-
-edtton, firom whence he or they are ordered to be removed,
or the fpace of ten days next after notice given him or them in
vriting by the clerk ot the peace ; it (hall and may be lawful to
md for any two or more iuftices of the peace of the famecoun-
y, riding, divifion, or place (upon producing to. them fuch or-
ler of fe(rions, or an attefted copy thereof, and upon oath made :

>efore them by one or more credible witnefs or witnefles, of
iich notice having been given to the. perfon or perfons fo re-
noved, and of his'or their having refiifed or negledted to quit
3ofleflion} by warrant under their hands and feals, to diredt the
(heriff of thefiime county, riding, divifion, or place, to remove
Mm or them out of fuch houfe of corredtion, and he is hereby
authorized and required to clear the pofleflion thereof, in like
manner as upon a writ of Habere faciai toffefftonem.
XXXII. Af^ whereas doubts have arifen^ andmayarife^ where
Vol. XVin. M authority

%6z Anno dccimo fcptimo Georgii II. c.5: t^7+4«

cuthoriiy is given to anyjujlice orjujlice of the peace ^ to commit of-
fenders to the boufe of corre^ion for offences cognizable before tbtm^
out of the general or quarter fejfions of the peace j how long offenien
may hi there detainedj and in what manner treated^ where the time
and manner of their punijbment is not by law exprejiy ^reiied^ limit-
edi or appointed ; be it therefore enabled by the authority afort-
Power of )u. faid. That where any offenders (hall be committed as aforefaid,
tticcs in com- by virtue of any law now in being, or hereafter to be made, and
mitting oflfen- ^j^^ ^^^^ ^j^ j manner of their punifliraent is not exprefly limit-
ed, directed, and appointed, the faid juftice or judices Qiall com-
mit fuch offender to the houfe corredion, there to be kept to
hard labour until the next general or quarter feflions, or until
difcharged by due courfe of law ; and it (hall and may be law-
ful for two juftices (of which the juftice who committed fuch
offender to be one) to difcharge the faid offender before the laid
fcffions, if they fee caufe ; and if he (hall not be fo difcharged, the
faid fe(Eons may either difcharge him, or continue him in cufto-
dyfor fuch time as they (hall fee fit, not exceeding three months.
XXXIII. And to defray the expences of apprehending, paf-
fing, conveying, and maintaining rogues, vagabonds, and in-
corrigible rogues, and likewife the expences of erecting, pur-
chafing, hiring, enlarging^ altering, and repairing houfes of
correction, and of purchafing land to eredt them upon, and for
backfides and outlets, and of fitting up and fumi(hing fuch
houfes of corredion, and of fending perfons to and from the
fame, and employing them there, according to the diredtionsof
this a6t, and tor defraying all other expences neceiTary for the
execution of this a6t, not herein before provided for ; be it fiir-
Jaftices to ther enacted by the authority aforefaid. That the juftices of the
"!i^ "^2?^ ^^ peace at the general or quarter feflions, may and (hall caufe fuch
pcnws by* fums of money as (hall be neceffary for all or any of the fat'
rates as mre6t. pofes aforefaid, to be raifed in the fame manner as rates are di-
ed by rected to be raifed by an adt made in the twelfth year of the
iiGeo.2.c. 19. reign of his preient Majefty, intituled, Jn a£l f$r thi morf etj
affeffmg^ coUeSiing and levying of county rates.

aXXIV. And be it further enacted by the authority afbr^

faid, That if any perfon or perfons (ha)l be fued fpr a^iy matter

or thing which he or they ftiall do in execution of this aft, he

General liTue. or thev may plead the general ifTue, and give the fpc^cial matter

in evidence ; and if a verdiA fliall pafs for the dcfion^wt^ or. the

plaintiff* (hall be nonfuited, or difcontinue his (uit, the dcfaid-

Treble coib. ant may recover treble cofts ; and that this ad (hall be deonei to

commence from the firft day of Jum^ one thoufaod fevea boo-

dred and forty four ; and from that time an a6l niiidQ in tbi

Aa 1 3 Geo. s. thirteenth year of the reign of his prefent Maje(ty, intifujed, Jk

c. 14. repealed, aii for amending and enforcing the laws relating to rogues^ vageibmiit

ana other idle and ^orderly perfens^ and for redmng the fam m^

one a& of parliament \ and alfafor amendu^ the laws fir ere3vig%

providing^ and regulating houfes ofcorre^enj (hall be, sind hhan-

by repealed ; but all the a<5ts therein mentioned to be rfptakdi

are hereby declared to be repealed, and continue reponM.

CAP.

1744*] Anno decimo feptimo Georgii IL c. 6j j. 163

C A P. VI.

i#» aS to impower bis Majefty tofecure and detain fucb per^
fms as his Majefty Jball fujpeS are confpiring againft bis ,
per/on and government,

WHEREA S tbis nation is thrtatened with an invafim hy a
French power^ in concert with difaffe£ied perfom at home^
to tbefubverficn of the protejiant religion ^ and the laws and liberties
of this kingdom ; for the better prefcrvation of his Majefty's fa-
icred perfon^ and for fecuring the peace of the kingdom in this
time of imminent danger, be it enaded, ^c.

Perfom in prifon may be detained for treafon, or fufpicion, Ice. until lo^
April, 1 744. AA Hg^inft wrong;ous inipriibnmencs in Scotland rurpende(i.
FroviCb tor privilege of parliament. £XP.

CAP. VII.

An a^ for taking and fwearing affidavits to be made ufe of

in any of the courts of tbe county palatine of Lancafter.

WHEREAS// hath keen found inconvenient^ that no perfin
or perfons is or are impowered to grant commijjions for the tak'^
ing and fwearing of affidavits^ to be read and made ufe of in the court
of Chancery of and for the county palatine of Lancafter, and in
tbe cmrts of Jeffion held in and for the faid county palatine before
bis Majefty s juJiiaSj as well of pleas of the crown^ 'as of common
pleas^ and all manner of pleas whatfoever within the faid county pa^
latine^ in the feveral matters and caufes depending in the faid courts
refpeltively: for remedy whereof, be it enacted by the King*s
tnoft excellent m2kjefty, by and with the advice and confent of
die lords fpiritual and temporal, and commons, in this prefent
parliament affembled, and by the authority of the fame. That Chancellor of
Ihe chancellor of the dutchy and county palatine of Lancaftery or the dutchy
his vice chancellor of the faid county palatine for the time Wing, maygivccom-
(hall and may, by one or more commiflTion or commiffions un- ^{teaffidavits.
der the feal of thfc faid county palatine from time to time, as
need (hall require, impower what and as many perfons as fliall
be thought fit and neccflary to take andfwear all and every fuch
aflUftvit and affidavits, as any perfon or perfons (hall be willing
and deiirous to make before any of the perfons fo impowered,
in or concerning any caufe, matter, or thing depending, or
hereafter to be depending, or any wife concerning any of the
proceedings to be in any of the faid courts, as mailers of Chan-
ury in extraordinary do ufe to do; which faid affidavits taken as
afore£ud, (hail be filed in the feveral and refpedlive offices of the
laid courts the fame do concern; and the fame (hall and may be
rad and made ufe of in the faid refpedive courts, to all intents
and purpofes, as other affidavits taken in the faid courts now
are; and that all and every affidavit and affidavits taken as afore-
Cud, dull be of the fame force as affidavits taken in the fa\d re-
Qieftive courts now are; and all and every perfon and perfons

M % for^

1^4 Anno dccimo fcptimo Georgii 11. c, 8. ri744.

forfwearing him, her, or themfelves in fuch affidavit or affidavits,
fhall incur and be liable unto the fame penalties, as if fuch affi«
davit or affidavits had been made and taken in open court : which
faid commiffions fhali be made out by the curfitors of the faid
county palatine, upon a fiat or warrant from the faid chancellor
or vice chancellor; and the faid curfitors ihall caufc entries to
be made in a book to be kept for that purpofe, of the names of
the perfons to whom fuch commiffions are from time to time
granted, and the refpe<5tive times when iffiied; and the follow-
Fce$foriakjng j^g fees fhall be paid for each commiffion, and no more-, to wit,
commiffions. ^^^ f^^ ^f ^^^ fhillings for the fiat or warrant, the fum of four
(hillings for making out the faid commiffion, befides the King s
duty, and the value of the parchment, and the fum of four fhil-
lings for fealing the fame; and every commiffioner, or perfon
fo impowered, (hall take and receive for the fwearing of every
affidavit before him, the fum or fee of one fhilling, and no
more.

II. Provided always, and it Is hereby declared. That fuch
Provifo. officers of the faid courts refpedtively as have heretofore taken

or fworn affidavits, (hall and may continue fo to do in the fame
manner as if this a6t bad not been made.

CAP. VIII.

An afl to prevent the committing of abufes in the weighing
and packing of butter^ in the town and borough of New
Malton in the county of York.

\17 H E R E A S great quantities of butter made and produced in

^ feveral parts of the county of York, are brought into the

town and borough of New Malton, where there is a navigable rrwr.

in order to be from thence tranfported beyond the feasy and otbenmfi

ojed of: and whereas there

t for butter within the fai
Malton; but there is not {as in jome other adjacent markets) airi

fold and difpojed of: and whereas there hath been for time out ofmd
a free market for butter within the faid town and borough of New

particular place provided and appointed within the faid town and *#-
roughy to which fuch butter fhall be brought, in order to be fearcb'
ed, weighed J and fealed before the fame be fold at the faid market i
and for want of which^ great frauds and impofttions have been made
and committed by feveral farmers^ dairymen j and other perfons trading
in butter, which hath tended to the difparagement of the faid com*
modify, in the markets both at home and abroad^ and to the great pre-
judice of the fair dealer, and of the butter trade in genral: where^
fore, for preventing fuch frauds and abufes -for the future, and
for the better encouraging the faid butter trade; may it pleafe
your mofl excellent Majelly, at the humble requeft of the bo-
rough bailiff, and inhabitants of the faid borough of New MaU
ton, and of fevera) other perfons refiding near the faid borougbi
that it may be enacted, i^c.

Borough bailifP to appoint the place where the market is to be kept. Duf^
for feiichinj^, weighing. Sec, Penalty for not bringing butter to market.
Ciicer for feirching, &c to be appointed by the bailm.

CAP,

1 744-1 Anno dccimo feptimo Georqii IL c. ^,— 1 1. %€$

CAP. IX.

An a^ for repairing and widening the road leading from a place called
Harlow Bu(h G>mmun, in the parifh of Harlow in the county of ElTex,
to Stump Cro^s, in the parifii of Great Chefterford in th^ faid county.

Cirtain to! Is granted fir 21 yiorg

CAP. X,
An z& for enlarging tl)e term and powers granted by an ad pafTed ia the
fourth year ofthc reign of his prefent Majedy, for repairmg the road
leading from Chappel on the Heath in the coun^ of Oxon, to the quar-
ry above fiourtoii on the Hill in the county of Gloucefter,

7Tjea3 ^ Geo, 1. f. 13. contumed fir %i j/etin,

CAP. XI.

4n aBt f^r raifing and eftablijhing a fund for a provifion

for the widows and children of the minifters of tbc church

of Scotland, and of the headSj principals^ and mafiers of

the univerfities of Saint AndrewV, Glalgow, and Edin-

• burgh.

WHEREAS the widows and children of the miniflkn of the
church of Scotland, and of the headsy principab^ ana maf- Amended hy %%
ters^ in the univerfities in that part of Great Britain called Scot- Geo. c. ai.
land, are often left in indigent circumjiances^ without any provifion
for their fubftflenci or education: and whereas all the charitable de^
dgns^ that have hitherto been propofed for the relief of fuch widows
and orphans J have proved ineffectual: and whereas the general affem^
Uy of the church of Scotland, after confultation had with all the
minijiers of the fatd churchy did^ by their a^ dated the twenty third
day of May, one thou f and feven hundred and forty three^ approve of
a plan or method for providing for the widows and children of the
minijiers of the cmirch of Scotland, whereby the faid mini/lers are
to pay out of their Jiipends^ at their option^ fome one of the annual
rates follmnngy videlicet, two pounds twelve Jhillings and fix pence ^
or three pounds eighteen /hillings and nine pence^ or five pounds five
(billings^ or fix pounds eleven /hillings and three pence^ of lawful
money of Great Britain, to be applied to the payment of life-rent an^
nuities to the refpe£five widows of fuch mini/lers^ amounting to ten
pounds J or fifteen pounds^ or twenty pounds^ or twenty five pounds^
if like money ^ in proportion to fuch of the faid annual rates as they
ibaU refpeSIively have paid 5 and alfo to the making provifion refpeCl-
'wefy for the children of the faid minifters^ amounting to the fum of
me hundred pounds^ or of one hundred and fifty pounds^ or of two
hundred pounds^ or of two hundred and fifty pounds^ of like money ^
tnd in the like proportion: and whereas it was intended by the afore-
Qid a£t of affemhly^ that the heads^ principals^ and mafiers of the
^our univerfities in that part of Gxtzt Britain called Scotland, jbould
\e iomprehended in the afore/aid charitable defign^ provided that tU
Hd univerfities did agree thereto : and whereas the univerfity ^Edin-
njxgh did appfy to the faid general ajfembfyy and tbc univerfities of
■ " M 3 Saint

i66'

Anno dedmo fepdmo Georgii II. c. i v. [1744^

Saint Andrew's and Glafgow did feveralfy apply to the commijfm §[
the general ajjembly^ that their refpeSlive heads^ principals^ and «a-
Jiersy might be comprehended in the /aid intended charitable dejign:
and whereas the faid charitable deftgn cannot be effedualfy carried iM»
to execution J without the aid cf parliament \ may it therefore plcafe
your mod excellent Majefty, that it may be enadt^; and be it
enabled by the King's mou excellent majefty, by and with th€
advice and confent of the lords fpiritual and temporal, and com-
mons, in this prefent parliament aflembled, and by the autho-
Minifters and "^Y ^^ ^^ fame, That from and after the twenty fifth day of
heads of col- Marchy one thoufand feven hundred and forty four, every miiii-
]eges,rubie£lto fter, who fhall be ordained and admitted to a benefice in the
annual rates, church of Scotland^ and every perfon who (hall be admitted a
head, principal, or mailer, in any of the faid univerfitjes of Saiot
Andre-jus^ Glafgow^ and Edinburgh^ and who was not on or be-
fore the faid twenty fifth day of Marchy one thoufind fcten
hundred and forty four, a minifier having right to a benefice ii|
the church of Scotland^ or a head, principal, or matter in any of
the faid univerfities of Saint Andrtufs^ Glafgow^ or Edinburgh^
(hall be fubjedt and liable to one or other of the annual rates
following, videlicety either to the fgm of two pounds twelve (hil-
lings and fix pence, or of three pounds eighteen (hillitigs and
nine pence, or of five pounds five (hillings, or of fix poQixb
eleven (hillings and three pence, of lawful money of Great Bri*
tainy and proportionably for an half year, payable at the ternu
after mentioned, and in the option ot the faid minifters, headi,
principals, and other mafters refpedtively, to be made within the
time, and in the manner herein after direded.

II. And be it enadled by the s^uthority aforefaid. That cvwy
fuch minifter, who (hall be ordained and admitted to a benefice
in the church of Scotlandy and every perfon who (hall be admitted
to the office of head, principal, or mafier, in any of the (aid
three univerfities, after the faid twenty fifth day of Marchy one
thoufand fevcn hundred and forty four, and who was not before
entitled to fuch benefice or ofiice, (hall, at the term ofGmdb'
mas next after his admiifion and after he hath enjoyed and had
ri<;ht to his benefice or falary refpedivcly for one whole ycar^
make payment of one year's rate, and fo from thenceforth year-
ly, at the faid term of CandkmaSy during his life; and in caiehei
at the term of Candlemas next after his admi(non, hath or (hall
have enjoyed, and had right to his faid benefice or falary refpcc-
tively, only for one half year, he (hall only be liable at the faid
firfi term of Candlemas to the payment of one half of the Aid
yearly rate, and to the full year's rate at the term of CanHemi
next thereafter; and to the like rate yearly at each term of Gnr-
dlemas^ during his life 5 all which rates (hall be paid to the gene-
ral' colledtor or receiver herein after appointed, at his p&e in
Edinburgh.
Wlicn half ^^'* ^"^ ^ ^^ enadled by the authority aforefaid. That if the
ratetonly are ^^^^ minifiers of the church of Scotland, or the hea^s, prind-
10 be paid, pals, or other maftors in the aforefaid three univerfities^ (haOf

When to be
paid.

1 744-] Anno decimo feptimo Georgii II. c. 1 1. 167

at their refpedtive deaths, have only right to one half of the be-
nefice or faiary of that ye^r iti which they happen to die, that
one half of the faid yearly rat6 (hall be payable for that year»
out of their benefice or faiary, to the general coUei^or or receiver
herein after mentioned, at bis office in Edinburgh^ at the term of
Candlemas, which (hall be firft after the death of the faid mini-
fters, heads, principals, or mailers refpedively; and the other
half (hall be payable by thofe having right to the ann, or where
no ann is due, by the heirs and executors of the minifter, head,
principal, or mailer in the faid three univerfities refpe^lively,
who was liable to the faid yearly rate during his life, in the man-
ner herein after diredled.

IV. And be it enafted by the authority aforefaid. That every Rul?« for tht
minifter who (hall be ordained, or admitted to a benefice in the {^*adso"<»U
church of Scotland^ and every head, principal, or other mafter, leges to jnyl
who (hall be admitted into any of the faid three univerfities after notice of
the faid twenty fifth day of Marchy one thoufaqd feven hun- *^'^»

dred and forty four, (hall make his ele<5lion of one of the four
ihove mentioned yearly rates, to which he choofes to be fubje(5ly
during his life, by a writing figned by him, addrefled to the
truftees herein after appointed, and which he (hall deliver, or
mufe to be delivered, at the general colle£lor pr receiver's office
It Edinhirgby on or before the firft term of Candlemas j that (hall
be after the faid minifter of the church of Scotland, or head,
principal, or other mafter in the faid three univerfities, (hall have
right to one half year's benefice or faiary; and in default of
^ving fuch notice within the time aforefaid, fuch minifter, head,
principal, or mafter refpedlively, negle<5ling to give notice as
aforefaid, (hall be deemed and adjudged to have made his eIe<3ion
of the annual rate of three pounds, eighteen (hillings, and nine .
pence, and (hall be liable to the aforefaid rate accordii^gly, dur-
ing his life.

V. Provided always. That the minifters of the church of Scot-- Rulti for the
land, whofe benefices are fituated in the weftem or in the north- minifters in
wn ifles of Scotland, ftiall be allowed to make their eledlion in northcm^flct
the manner aforefaid, at any time before the term of Candlemas, of Scotland.
which (hall be next after they refpedively (hall have had right

to the benefice for one year and a half; and in default of their
ooaking their ele(5lion within that time, they (hall be fubje<5led
to the aforefaid yearly rate of three pounds, eighteen (hiUings^
and nine pence.

VI. Provided alfo. That the faid minifters fliall, at the next

term of Candlemas after they (hall have made their election, or in '^''^^"^^
default of making fuch eledtion as aforefaid, make payment of
the annual rates to which they are refpedlivel^ fubjedted, and
which (hall have become due at the faid term.

VII. And be it further enadled by the authority aforefaid, Minifters, and
That every minifter who now is entitled to a benefice in the heads in the
church of Scotland, and every perlbn who now enjoys the office ^"'J*,Jotice^to
if bead^ ptitHcipoil, or mafter, in any of the laid three univer- ^ufteet with-

M4 fities in 6 moothst

i68 Anno decimo feptimo Georgii II, c. xij [1744^

fities of Saiut Andrew's^ Glafgaw^ or Edinburgh-, or who (hall b^
admitted to a benefice in the church of Scotland, or to any of the
aforefaid offices of head, principal, or mafter, in any of the faid
three uni verfities, on or before the faid twenty fifth day of March,
one thoufand feven hundred and forty four, (hall, within (ix ca«
Icndar months after the faid twenty fifth day of March, give
notice by a writing figned by him, addrefied to the truftees
herein after appointed, which he (hall deliver, or caufe to be de«
livered, at their general coUedlor or receiver's office in Edinburgh,
that he will not be fubje<5t to any of tlic yearly rates above men-
tioned, or will fubjedt himfelf to one or other of the faid yearly
rates, declaring which of them he choofes to be fubjeA to; and
in default of fuch notice, every fuch minifter of the church of
Scotland, and every fuch head, principal, or matter, in any of the
faid three univerfities, neglecting to give notice as aforefaid, (hall
be deemed and adjudged to have made his eledion, and to be
fubjed to the annual rate of three pounds eighteen (hillings and
nine pence, during his life.
Miniftcrsin VIIL Provided always. That theminifters in the weftemand
the Weft and northern ifles of Scotland, may give notice as aforefaid, at any
SM^'months! ^^^^ within eighteen calendar month's after the faid twenty fifth
' day of March, one thoufand feven hundred and forty four.
IX. And be it further enadted by the authority afore&id,
rates arc to be ^^^^ ^'^^ prefent minifters of the church of Scotland, and the
paid. prefent heads, principals, and mafters of the aforefaid three u-

niverfities , or who (hall be admitted minifters of the faid church,
or heads, principals, or mafters in any of the faid three univer-
fities on or before the faid twenty fifth day of March, gnc thou-
fand feven hundred and forty four, and who (hall be fubjeA to
any of th^ aforefaid annual rates, by giving, or negleding to
give notice as aforefaid, (hall pay their foil year's rate to the ge-
neral collector or receiver, to be appointed in the manner here-
in after diredled, at his office in Edinburgh, at the term of
Candlemas, one thoufand feven hundred and forty four, and fo
from thenceforth yearly thereafter, at each term of Candkmas,
during their life ; and it fuch miniftcr, head, principal, or mafter,
(hall have right only to one half of the benefice or falary of the
year in which he dies, the half year's rate, payable by (uch mi-
nifter, head, principal, or other mafter, (hall be paid to the ge-
neral collector or receiver herein after mentioned, at his orace
in Edinburgh^ at the firft term of Candlemas after his death, and
the other half (liall be payable out of the ann, or by his or their
heirs or executors, in manner after mentioned : and every fuch
'minifter, head, principal, or mafter, fliall be liable for the firft
year to an additional fum, equal to the yearly rate to which he
(hall be fubjected, which (hall be paid to the general coUedor
or receiver, to be appointed in manner herein after direiSted^ at
his office in Edinburgh, at the term of Candlemas^ one thouland
feven hundred and forty four.
Provifo* ^* Provided always. That the minifters in the weftem and

northern iiles oi Scotland^ who nQW are, or who (hall be admitted

to

1 744.] Anno decimo fcptimo Georgii II. c. 1 1. i5p

to a benefice in the faid church, before the faid twenty fifth
day of Marchy one thouland feven hundred and forty four, (hall
pay their double rate for the firft year, and their annual rate for
the fecond year, at the term of Candlemasy ^hich (hall be in the
year of our Lord one thoufand feven hundred and forty five.

XL And be it enacted by the authority aforefaid. That fuch AMantf»&c.
miniders of the church of Scctlandy or fuch heads, principals, or to be held ad-
maflers in any of the faid univerfitics, as are or (hall be ordain- "V"«d, &c.
ed or admitted aflTiftants and fucceflTors to the minifter, or to the ^^ HghtTo'P
head, principal, or mafter, having right to the benefice or falary full benefice,
refpe<Stively, (hall, as to all the purpofes of this a6t, be held as
admitted to a benefice in the church of Scotland, or to an ofiice
in any of the faid univerfities, only from the time that any fuch
affidant is or (hall be married, or when he (hall come to have
right to the full benefice or falary.

XIL And be it further enadted by the authority aforefaid, ... .- ^
That every minifter of the church ot Scotland, and every head, aftwm^ir^
principal, and mafter in any of the faid three univerfitics, who fliall be ibbh
(hall be admitted into the faid benefice or ofiice refpedively, je£t to a fum
after the faid twenty fifth day of March, one thoufand feven *^"*^ J° **"
hundred and forty four, and who is or (hall be married, (hall, *""™ '■*^'
in refpcd of his marriage, be fubjedt and liable to a fum equal
to his annual rate, and to the like fum for each fucceedine mar-
riage : which fums, payable in refpedt of the marriage of a mi-
nifter of the faid church, head, principal, or mafter in any of the
fiiid three univerfities, (hall be paid over and above the annual
rate itfelf, at the firft term of Candlemas, which (hall be one full
year after fuch marriage, and his admiflion into the faid benefice
or office refpedively, to the geqeral collector or receiver herein
after appointed, at his office in Edinburgh.

XIII. And be it further enacted by the authority aforefaid, j^^jft^r Sec*
That every minifter of the church of Scotland, and ever)' head, fubjcft to fc-
principal, and mafter, in any of the faid three univerfities, that veral fums for
now is, or who (hall be admitted on or before the faid twenty fcvcral marri*
fifth day of March, one thoufand feven hundred and forty four, *S"* ^^
and who (hall become fubje^ to one or other of the aforefaid

annual rates, and who (hall marry after the faid twenty fifth day
of March, one thoufand feven hundred and forty four, (hall rc-
fpcdively be liable to a fum equal to his yearly rate in refped of
his marriage, and to the like fum for every marriage after ; which-
refpcclive ftims (hall be paid, over and above the refpedtive an-
nual rates, at the firft term of Candlemas, which (hall be one
full year after fuch refpedtive marriages, to the general cplledlor
or receiver herein after appointed, at his office in Edinburgh.

XIV, Provided always. That if any minifter of the faid Provifo.
church, head, principal, or mafter in the faid univerfities, (hall
happen to marry a widow intitled to an annuity in purfuance of

this a(5t ; fuch minifter, head, principal, or mafter, (hall not be

ful^eA to the payment of any fum in rcfped of fuch marriage.

aV. And be it enatfted by the authority afore(aid. That if Penalty on

any of the minifters of the church of Scotland^ or any of the negiedtof

heads, P«yn>g^»»«
jratei.

I JO ' Anno declmo ffptimo GtoROii IL c. 1 1. [1744*

beads, principals, or mafters in the iaid three univeriities, (hall
neglect to pay the annual or other rates due by them refpeAive-
ly, at the terms herein before appointed ; fuch minifter of the
church, and fuch head, pcincipal, or mafter in any of the faid
univerfities, negledting to pay as aforefaid, (hall be fubjeA and
liable to the lawful intereft of fuch fums remaining unpaid by
him or them refpcdtively, from and after the refpe<5live terms
of payment.
Wliatftrtllbe XVI. And be it further ena<Sted by the authority aforefaid,

S^hof a "^^^^ ^P^^ *^^ ^^^^^ ^^ ^"y "^*"'ft«' ^f ^^^ church of Scotland^
mimAer, &c. <^^ ^^ ^^J head, principal, or mailer in any of the faid three
univerfities, who was fubjeft to one of the yearly rates above
mentioned, a fum equal to one half of his yearly rate (hall be
due and payable for the half year immediately after his death,
by thofe who have a right to the ann, where the ann is by hw
competent ; and where no ann is competent, the fame (hall be
paid by his heirs and executors.
lUttfionn- XVII. And be it further ena6led ^y the authority aforefaid,
That every benefice of the church of Scotland^ and every office
of head, principal, or mafter in any of the faid three univerfities
that are now vacant, or that (hall become vacant, on or before
the twenty fifth day of Marchy one thoufand feven hundred and
forty four, (hall be fubje<ft and liable to the fum of five pounds
erf lawful money of Gnat Britain^ for every half year that the
vacancy (hall continue ; and every fuch benefice and o(fice that
(hall become vacant after the faid twenty fifth day of March^ one
thouftind feven hundred and forty four, (hall be fubje6t and li-
able to the fum of two pounds ten (hillings of like money, for
every half year during fuch vacancy.
T h th XV III. And be it further enadted by the authority aforefaid,
raM^aietok^ Th^^ ^^ ^a^^ before-mentioned, payable out of tne ann and
paid. vacant benefices of the church of Scotland^ (hall be paid to the

pre(bytciy, within whofe bounds the benefices refpe^vdy lie,
or to the coUedtor to be by them appointed, by the heritors and
others liable to the payment of the ann, and of the vacant fti-
pends refpcdtively j and the faid refpe<5tive pre(byteries are here-
by impowered and required to levy the aforefaid rates, payable
in refpeA of the ann, and of the vacant benefices within their
bounds ) and to pay the fame to the general collector or receiv-
er, to be appointed in manner herein after mentioned, at his
office in Edinburgh, within fix calendar months after the ann
and vacant ftipends (hall be due and payable.

XIX. Provided always. That the presbyteries in the weftem

Provifo, jind northern ifles of Scotland (hall be allowed twelve calendar

months, for paying into the general colledtor or receiver, at bis

office in Edinburgh^ the refpe^ive fums due out of the ann and

vacant ftipends within their bounds, from the refpe£tive times

Where the re- ^t which the ann and vacant ftipends are payable.

prefentativet XX. And be it further ena(^ed by the authority tforefaid,

oTa deceaTed That the aforefaid fums payable by the reprefentativea of the

pySc^!]^ principals, or maftcrs, in the faid tbree uttiv#riitits» in-

1 744-1 Anfio dedmo feptimo Georoii IL c. i i; if%

refpedt to the half year, immediately after the death of any pf
the members of the faid univer^ties, fubje<£l to any of the year-
ly rates above mentioned, and the fums payable in refped of
the vacant falaries in the faid univerfities, fhall be paid by the
reprefentatives of the deceafed member of the faid univerfity,
and by thofe liable to the payment of the vacant falaries refpec-
tively, to the univerfity ot which he was a member, and where
|he vacancy is ; and the faid univerfities refpe&ively are hereby
impowered and required to levy thefums due by the reprefenta*
tives of their deceafed member, and out of the faid vacant fala-
ries ; and to pay, or caufe the fame to be paid to the general
coUedor or receiver, at his office in Edinburgh^ to bt appointed
in the manner herein after diredled, within fix calendar months
after the deceafe of their member, and after the faid vacant fala-
ries (hall from time to time fall due.

XXI. And be it further enaded by the authority aforefaid, Applicatioa
That the aforefaid annual rates, and other fums payable by the of the money
minifters of the church of Scotland^ and by the heads, principals
and mailers, in the aforefaid three univerAties, and the fums
payable by the reprefentatives, and out pf the ann, or other-
wife^ and alfo the fums payable out of the vacant flipends or fa-
laries in the manner herein before dire(5led, fhall be applied by
order and dire<^ion of the truflees herein after named » and their
fuccefTors, to the ufes and purpofes after mentioned, videliat ; in
the firft place, there fhall fac paid a fum not exceeding two hun-
dred and ten pounds of.lawfiil money of Grtat Britain yearly^
for the falaries of the general coUeAor or receiver, and the clerk^
fo be chofen in the manner herein after directed ; and in the
fecond place, after payment of tlie faid falaries, the remainder
of the faid feveral fums aforefaid, fhall be applied to the pay-
ment of an annuity to the widow of every minifler of the church
pf Scotland^ and of every head, principal or mafter, in any of
fhe faid three univerfities, who hath been fubje<5t and liable to
one or other of the annual rates above mentioned, in propor-
tion to the rate to which the refpeiStive widow's deceafed hufband
was liable, in manner following; that is to fay, if the hufband
was liable to the annual rate of two pounds twelve (hillings and Manner of
fix pence, his widow fhall be intitled to an annuity of ten Paying. *^
pounds; and if the hufband was liable to the annual rate of ^'^^'"^^
three pounds eighteen (hillings and nine pence, his widow fhall
)ie entitled to an annuity of fifteen pounds ; and if the hufband
was liable to the annual rate of five pounds five (hillings, his
widow fhall be entitled to an annuity of twenty pounds ; and if
the hufband's annual rate was fix pounds eleven fhillings and
three pence, his widow's annuity (hall be twenty five pounds of
lawful money oi Great Britain \ which refpedtive annuities fhall
be computed to commence from the firft term of Whitfunday or
Martinmas^ which (hall be one full half year after the hufband's
death ; and (hall from thenceforth be due at each term of fmt-
fiinday and Martinmas^ by equal portions ; and the firft year's or
half year's annuity refpeelively fhall be payable at the firft term

6 of

'tyz Anno decimo feptimo Georgii II. c.i i. [1^44*

o{ H^)itfunday^ which (hall be a full year or a full half year re-

fpedtivcly after the commencement of the faid annuity ; and the

faid annuity ftiall fo continue payable yearly, at the faid term of

Annuity to TVhitfunday^ during the widow's life, and her continuing unmar-

ceafcon wi- jried j and upon her death or marriage, her faid annuity Ihall

or ma^a^. ^^^^^ ^^ *^ ^"^ ^^^ ^"y ^^^"^^ ^^^^ '^^' happen after her death

or marriage.
If no widow, XXII. And be it further ena<Scd by the authority aforefaid,
a fum to b« That every minifter of the church of Scotland^ and every head,
**'^***^ *' , principal, or mafter in any of the faid three univeriities, wno ftiaD
cbil^cn * ^^^^ ^^" fubje<ft to one or other of the aforelaid annual rates,
and who (hall die, not leaving a widow, but one or more chil-
dren, fuch child or children (hall be entitled to a fum equal to
ten years annuity, that would have-been payable to their father's
widow J which fum, in cafe there be more children than one,
(hall be equally divided amongfl them.
XXIII. And be it further enadted by the authority aforefaid,
Of widows That if the widow of any minifter of the church of Scotland^ or
iTiiig, «id of of any head, principal, or mafter in any of the faid three uni\'cr-
children un- (ities, entitled to an annuity as aforefaid, (hall happen to die, or to
dcragc. be married, before the lapfe of ten years after the commence*

ment of her annuity, and whofe hufband (hall have left a child
or children, who, at the faid widow's death or marriage, (hall
be under the age of fixteen years, fuch child or children, under
the age of fixteen years, (hall be entitled to fuch a fum of money
as (hall be equal to ten years of the faid widow's annuity, de^
during fo much thereof as (hall have been received by the wi-
dow; which fum (hall be equally divided among the (aid chil-
dren, if there happen to be more than one child.
When the XXIV. And be it enacted by the authority aforefaid. That

children ftiall the provifions due to the children of minifters of the church of
funST Scotland^ or to the children of the heads, principals, or mafters

in the faid three univerfities, upon the death ot their refpedlive
fathers, or upon the death or marriage of his widow, and which
(hall become due after the twenty fifth day of Mnrch^ one thou*
fand feven hundred and forty four, and before or on the term of
Martinmai^ which ihall be in the year of our Lord one thouland
feven hundred and forty five, (hall be payable at the term of
H^ntfund/iy^ one thoufand (feven hundred and forty (ix ; and the
provifions that (hall become due to fuch children after the term
of Martinmas^ one thoufand feven hundred and forty five, and
before or on the term of Martinmas^ one thoufand feven hun-
dred and forty fix, (hall be paid at the term of fVhitfundtrf^ one
thoufand feven hundred and forty hwtn ; and fo in all time to
come, the provifions that (lial) become due to the children after
one term ot Martinm^iSy and before or on another, (hall be pay-
able at the term of Whitfunday next following.
IKfpofifion of XXV. And be it further enaAed by the authority aforefaid,
ibe ftiri>Iuflet. That the furphas of the faid annual rates, and ot the other
fums, payable by the minifters of the church of Scothnd^ and by
the htadS) principals, and mafter^ in the faid three univei^tief,

«n4

174+-] "Anno decimo feptimo GeoRGH II. 'c. i r. 173

and by their refpcAive reprefentativcs, and out of the ann, or o-
therwife, and out of the vacant ftipends or fabrics, in manner
aforefaid, after payment of the annual cxpence of management,
and of the annuities payable to the widows, and of the pro-
vifions payable to the children, in manner above direcSled,
(ball, at the term of JVhitfunday yearly, be lent out to the
minifters of the church of Scotland^ and to the heads, prin-
cipals, and mafters in the faid three univerfities, who (hall have
become fubjedt to one or other of the aforefaid annual rates, in
manner herein before- mentioned, to the amount of thirty
pounds of lawful money of Great Britain^ to each minifter of the
faid church, and to each head, principal, and mafter in the faid
three univerfities (which minifter^ head, principal, or ma(ter, is
hereby obliged to receive the fame) in fuch onder as (hall from
time to time be appointed by an aft or ads of the general aflcm-
bly of the church of Scotland '^ and in default of fuch appoint-
ment, in fuch order as the truftees herein after named (hall di-
reft, until every minifter of the church of Scotland ^ and every
head, principal, and other mafter in the faid three univerfities,
who (hall have become fubjeft to one or other of the aforefaid
annual rates, (hall have received the aforefaid fum of thirty
pounds.

XXVI. And be it further enaAed by the authority aforefaid. On receipt of
That upon the receipt of the aforefaid lum of thirty pounds, the the moneys
minifter of the church of Scotland^ and the head, principal, or ™in>ftcr, &c.
mafter in any of the faid three univerfities, fo receiving the j^^^"'* *
fame, (hall refpeftively execute a deed, obliging himfelf, his

heirs, executors, an 1 fucce(ror$, that upon his ceafing to have
right to the benefice or office, in refpeft whereof he had receiv-
ed the aforefaid fum, whether by tranflation or promotion, de-
Srivation or refignation, death, or any other manner or way,
e (hall repay the aforefaid fum of thirty pounds to the general
colleftor or receiver, to be appointed in manner herein after di-
refted, at his office at Edinburgh^ with lawful intereft for the
fame, from the term JVhitfunday or Martinmas^ immediately
preceding his ceafing to have right to his benefice or office re-
fpeftively, during the nonpayment ; and further obliging him-
felf, and his aforefaid heirs, executors, and fucceflbrs, to pay
the intereft of the aforefaid fum of thirty pounds, at the rate of
four pounds per centum per annum^ to the faid general collecftor
or receiver, at the term of Candlemas ycATly^ at his office at
Edinburgh, from and after his receipt ofthe aforefaid fum, dur-
ing his continuing in poflefllon ofthe benefice or office rerpec-
cively, in refpeft whereof he received the fame. ,

XXVII. And be it enafted by the authority aforefaid. That Receiver dull
the faid general colleAor or receiver, receiving the aforefaid P^^**^""^^
thirty pounds from a minifter of the faid church, or from afiSinoSct^'^
head, principal, or mafter in any of the faid three univerfities, who (ball exe-
or from their heirs refpeftively, (hall pay the fame over to their cute a deed,
refpeftive fucceflbrs in office, who are hereby obliged to receive

the fiune, and who (hall execute a deed .for repayment of the

prin-

174 Anno declmo {epdtno Gjeorgii tl. tAi. [1744:

principal Aim and intereft, in the fame form and manner aS|
with refped to their predeceflbrs in office, is above diredked.
Vacant fala- XX V III. And be it enaded by the authority aforefaid. That
ties i'ubjea to from and after the time that any mihifter of the chuiTch cfSect^
mon"vr«ceiv ^"^^ ^^ ^"^ *^^^' principal, or mtfter, in any of the faid three
ed at4l. per^'^'^^^^^^' ^^^ ^^^^ received the aforefaid fum of thirty
ctnt. pounds, the vacant ilipend or falary of fuch miniAer, head,

principal, or mafter relpediively, (hall be fubjeA to the intereft
of the faid fum of thirty pounds, at the rate of four pounds pit
Cifttum per annum.
y . XXIX. And be it further enaAed by the authority aforefaid,'

fliSTliJe privi- ^^^^ ^^e forefaid yearly rates, and other fums, payable by the
Icged debts, prefent and future minifters of the church of Scotland^ and by
the prefent and future heads, principals, and mafters in the faid
three univerfities, and the forefaid rates payable by the heirs and
executors of the faid heads, principals, and mafters in the afore-
faid univerfities, and the aforefaid fum of thirty pounds to be
delivered to the faid minifters, and to. the heads, principals, and
mafters in the faid three univerfities, with the intereft thereof,
Ihall be privileged debts, and preferable to all other debts of the
faid minifters, and of the heads, principals, or mafters in the
laid univerfities, not only upon their benefices and falaries re-
fpedtively, but alfo upon their whole other perfonal eftate;
and that the aforefaid rates, payable out of the ahn and vacant
benefices and falaries refpedlively, fliall be a preferable debt and
burden upon the ann and vacant benefices and falaries, to all
other debts and burdens ; any law or ufage to the contrary not-
withftanding.
Rule for dc XXX. And be it further ena(5led by the authority aforefaid,
du^tlons. ' That it (hall and may be lawful for the faid general coUe(5lor or
receiver, at the fight and diredion of the truflees herein after
named, and their fucceffors, to retain and dedud from the an-
nuity due to the widow, or from the provifions due to the chil-
dren of any minifter of the church, or of any head, principal
or mafter in any of the faid three univerfities, fuch fum or fumt
as (hall be due by the refp^ive deceafed hufband or father, or
his heirs and executors, and which have not been^ or cannot
be, recovered from the deceafed, upon the faid general colledtor
or receiver's malung over his claim and demand upon the de-
ceafed, and his heirs and executors, with all the privileges and
preferences thereunto belonging, in favour of the widow and
children refpe6Uvel)r.

XXXL And be it further enacted by the authority afcxiefaid.

Future fur* That after every minifter of the church of Scotland^ and every

ptufts iball head, principal or mafter in any of the faid three univerfities^

c«riiv* »U 1." ^'^ ^^^^ become fubgeS to one or other of the aforefaid annual

p«f cent. ' rates, (hall have received the aforefaid fum of thirty pounds frottk

the yearly furplufles, in manner before dirc<5ted, all future fur-

pluftbs (hall from time to time be lent out upon proper fecurity,

fo IS the fame may yield an intereft not under four pounds per

autum per annum^ unt^ ^ capittl be made up of thirty five f hou«

fand

1-4.} Anno dedrno fcptimo Georqii II. c. it; 175

d pounds Qf lawful money Qf Great Britain^ over and above
mms lent to minifters, ^nd to the heads, principals and
fters in the faid three univerfities, to the amount of thirty
inds each, a^ aforefaid, vvhich capital being fo made up,
re (hall be no further increafe of the capital, but the fur-
ies arifin» in any one year, computing the year from A&r-
nas to AGriinmas as aforefaid, (hall, at the JVbitfuHday when
h furplulTes (hall arife, be divided proportionably amongft
the children of the minifters of the faid church, and of the
ids, principals and ma(\ers in the faid three univerfities, who,
rcfpe<^ of the death of their father, or the death or marriage
his widow within that year, (ball be then entitled to receive
!ir provifions.

XaXII. And be it further enabled by the authority afore- If the capital
1, That if the aforefaid capital of thirty five thoufand he dimimflicd,
unds, and fum of thirty pounds, lent to each minifter in '^ ^**^ ^
; church, and each head, principal and matter in the "** * ^^*
d three univerfities as aforefaid, (hall hereafter happen
be dimini(hed, either by the infolvency of debtors, or by
y other accident whatfoever, fuch diminution (hall from
ae to time be made up by after-furplufTes, in the fame man.
r as the original capital and fums aforefaid were raifed and lent
t.

XXXIII. Provide always. That the capital (hall at no time Proviro^
ceed the aforefaid fum of thirty five thoufand pounds, and the

m of thirty pounds lent to each minifter, and to each head,
incipal and mafier in the faid three univerfities as aforefaid.

XXXIV. And be it further cnadted bv the authority afore* l>ireftions, if
d. That -after the faid capital of thirty five thoufand pounds ^^* *"""*^ .
raifed, in the whole or in part, if in any year the charge of Jh^^^me.
anagement, and the annuities to the widows, and the provi-
sos to the children, (hall exceed the annual income, no in«
[Michment (hall, upon that account, be made upon the capital ;

It fuch deficiency (hall firft affedt the children's provifions in
e order of time in which they become due by the death of
eir father, or by the death or marriage of his widow; and the
lildren, entitled to provifions in the fame year, (hall be pre*
rred, and receive their provifions, according to the priority of
eir Other's deaths or of his widow's death or marriage; and,
die next place, fuch deficiency (hall affeA the annuities of
c widows proportionably.

XXXV. Provided always. That fuch non-payment of, and "^^^*
tdudUon from the children's provifions, and widows annuities
fpedively, (hall be made good out of the firft and readieft of

le annual produce of the fucceeding year or years, in the order
>ove mentioned ; that is, after payment of the annual «cpence
' management, the widows annuities, unpaid in the f>reced*
g year, (hall be paid and made good in the firft place ; and
terwards the widows annuities ot the current year; and after
lofe the children's provifions of the former year, according to
le priority of the death of their fathers^ or of the death or
larnage pt their fathers widows.

XXXVL Pro-

1 7^

Minifter be-
ing a head,
&c. (hall be
liable to one
rate only.

Minifter, &c.
to be fubjef^
to the rates,
tho' he ceafes
to be mini-
fter 5

and his wi-
dow and
children en-
titled.

Names of
truilees.

Anno decimo feptimo GboROII IL C. li. [1744.

XXXVI. And be it further ena^d by the authority afore-
faid. That when any minifter of the church of Scotland^ entitled
to a benefice^ is alfo a head, principal or tnafter in any of the
faid three univerfities, and thereby entitled to a falary, fuch mi-
nifter^ who is alfo a member of any of the faid univerfities (hall
not be liable to double rates ; but (hall be only liable to one
rate in refpeiSt of both offices.

XXXVII. And be it further enadted by the authority aforc-
faid. That every minifter of the church of Scotland^ and evcrf
head, principal and mafter in any of the faid three univerfities,
becoming liable to one or other of the aforefaid annual rateSi
ftiall continue fubje<5t thereunto during life, notwithftanding
that he ceafe to be a minifter of the faid church, or a head, prin-
cipal or mafter in any of the faid univerfities, by refignation,
deprivation or any other manner or way ; and his widow or
children (hall continue entitled to their refpedlive provificns
herein before fettled, notwithftanding that her huft)and, or their
father, was not at the time of his death, poflefTed of any bene-
iice in the church, or of any office or (alary in any of the faid
three univerfities.

XXX VIII. And be it further enacted by the authority afore*
faid, That the reverend mafter Neil A^Vtccar^ one of the mi-
nifters of the fVeJi Churchy mafter JamU M^alkerj one of the
minifters of the Cannongate ; mafter John Gowdie^ profeflbr of
divinity in the univerfity of Edinburgh 5 mafter George For£ci^
minifter at Cafterphin ; mafter Thomas Pitcairn^ one of the mi-
nifters of the fVeft Church ; Trn&tv James Stcvenfony one of the
minifters of S$uth Leith-y mafter George Lindjay^ minifter at
North Leith'y mafter If^lUam jftkin, one of the minifters rf
South Leith ; mafter George Gibfon^ minifter at CoUington ; mafter
David Mowbray^ minifter at 6>/rnV; mafter y^A« TiTrrf//?, mini-
fter at Libert OH ; mafter Hugh Blair ^ one of the mmifters of the
CannoTfgate \ do^or IfVliam JVtflmrt^ principal of the univerfity
of Edinburgh ; mafter "John Mathiefon^ mafter IVilliam Ottftoffy
mafter IVilliam Robertjon^ mafter John Hepburn^ mafter Robf^
IFallacey mafter George IViJhart^ mz^tr Alexander fVebftef^ txA--
nifters of Edinburgh^ being all members of the prcfbytcrf of
Edinburgh^ (hall be, and they are hereby nominated and^clp-
pointed truftecs for levying and receiving the refpedtive aniital
rates, and other fums, payable by virtue of this ad)-,' and (br
iffuing the fame for the purpofes herein before expretfed^ and
for lending out the furplufTcs to xVr^ minifters of the churth of
Scotland^ and to the members of the aforefaid univerfities, in
the manner herein before directed, and for raifing the afore&id
capital of thirty five thoufand pounds by loans, to be triatfe-at
an intereft not lefs than four pounds ^/v- centum per ammni^ to any
perfon or perfons, bodies politick or corporate, and f<br tifrRft''
ing the aforefaid capital, in whole or in part, and re-employrng
the fame from time to time, and for putting in execution 'an o-'
ther the powers in and by this a<^ given^ during their condao*
ing in their faid benefices and offices.

XXiaX. Add

1744*] Anno decimo feptimo GeorCii II. ci i. 177

XXXIX. And be it further enaded by the authority afore^ Who may bf
faid^ That every other minifter of the preibytcryof Edinburgh^ ^^^^ 'ru.
and every mafter in the univerfity of Edinburgby that now is, or ^^*
ihall hereafter be admitted into any of the faid benefices or offi*
ces, on or before the faid twenty mth day of Marcb^ one thou*
land feven hundred and forty four, and who fhall be fubje<5l to
one or other of the aforefaid annual rates, (hall be, and are
hereby appointed truftees for the execution of this.a<^, during
their continuing in their refpedive benefices and offices, unlefs
fuch minifter in the faid prefbytery, or mafter in the faid uni*-
verfity, (hall, within fix calendar months from and after the
faid twenty fifth day of March j one thoufand feven hundred and
Forty four, give notice, by a writing iigned by him, addrefted
to tne faid truftees, and which he (hall deliver, or caufe to be
delivered at the general coUedtor or receiver's office in Edinburgh
declaring that he declines to accept of the faid truft.

XL. Ai^d be it further enaded by the authority aforefaid.
That all minifters of the prcfbytcry of Edinburgh^ and all heads, ^^^^* ^^
principals, and mafters in the faid univerfity of Edinburgh^ who jJl^ ^^rf^
[hall be admitted into their refpedive benefices or offices after Marcii, 1744,
the faid twenty fifth day of Marcb^ one thoufand feven hund- ihall be' tru-
red and forty four, (hall be, and they are hereby nominated and ^^^^
ippointed truftees for the execution of this ad.

XLI. And be it further enaded by the authority aforefaid, . .

That every minifter, having an office in any of the faid univcr* fficmlniS*
jtics of Saint Andrew^ s and Glafgow^ and every minifter in any ^verfities of
if the prefbyteries feats in Scotlandj who (hall be fubjed to any Saint Andrew
me of the aforefaid annual rates, (hall be, and is hereby ap. and Gl^ggw,
>ointed a truftee for the execution of this ad, during their con- ^ C^*>l«d to
inuing in their faid refpedive benefices and offices. fiidlb^ra-

XLIL Provided always, and be it hereby enaded. That it ftees.
hall and may be lawful to and for the aforefaid minifters poffefl- Miniften, &c«
id of oflSces in the faid univerfities of Saint Andrnv's and Glaf- ^f^}'^^^
lltWy and to the faid minifters in the preft)ytcry feats, to refufe ^ ^^^ '°^'
md decline to accept of the faid truft, fo as fuch refiifal be not-
ified by a deed in writing, figned by the faid minifters refpec-
]vely» and given in to the faid truftees, or to their clerk, to be
ippointed in manner herein after direded, within fix calendar
nonths after they have refpedively become liable to one or
)ther of the annual rates before mentioned, and their admiflion
o an office in any of the faid univerfitieS) or becoming minifters
nprefbytery feats.

XLIII^ And be it further enaded by the authority aforefaid, p^tf^o^r
That from and after the faid twenty fifth day of March^ one trafteet 1^ bf
houfand feven hundred and forty four, it (hall and may be law- eleAedfbr
td for every prefbytery in Scotland (xht pre(bytery of Edinburgh ^^^J^^*'
xcepted) annually to eled one of their number, who is fubjed
> one or other ot the annual rates before mentioned, to be a
ruftee for one year, commencing from the firft day of May^
early : and that it (hall and may be lawful to each of the faid
ioiverfities of Saint Andrew* s^tii, GlafgQW^ annually to eled

Vot-XVIIL N two

i^g Anno decimo feptimo GzoRGii IL c. 1 1 . [ i744f

two of their number, not being minifters, who arc or (hall be
fubje<5t to one or other of the aforefaid annual rates, to be tn](>
tees for one year, commencing, from the faid firil day of M^%
yearly ; and ending upon the firft day of May the year follow-
ing.
Kcfufal to be XLI V. Provided always. That it (hall be in the power of
notify 'd to the jh^ fajj annual truftees tobeele6led by the pre(by terics and uni-
prcsbyteiy or ^^yg^gs refpcSively, to refufe to accept or a6t in the faid offi-
univc ity. ^^^^ ^^ ^^ ^^^j^ refufal be notified to the rcfpec^ive prcibyteries
or univerfities at the time of eledion, if the truftee cleft be pre-
fcnt ; or elfe at the next meeting of the prefbytery or univeifity
refpeftively, after the eledtion (hall come to his or tlicir know-
ledge.
Power of tm- XLV. And be it further enadlcd by the authority aforelaid,
ftees. That the faid truftees, or any nine of them, whereof fix to be

minifters of the church of Scotland^ (hall and may execute all
the powers committed to them by this a6t ; and that, for this
end, their firft meeting (hall be on the fecond Tuefiay in Afiriy
onethoufand feven hundred and forty four, between the hourscf
ten and twelve in the forenoon, in the old church ifle of Etm-
hurgb^ with power to the faid truftees, or any nine of them as
aforefaid, to choofc one of their number to be prefes, and witfa
power to adjourn themfelves from time to time, to fuch times
and places as they (hall fee caufe ; and that they (hall thereaf-
ter have four ftated regular meetings yearly, upon the itBCOod
Tuefday in the month of May ; the fecond Tuefday in the momh
of November ; the fecond Tuefday in the month of Fibrmrj\
and the fecond Tuefday in the month of March, in the &id old
church ifle, between the hours often and twelve in the forenooa,
with power to choofc a prefes, and to adjourn tbemfiBlveias
* aforefaid : and that it fliall and may be lawful to and for tfat

f refes of the laft meeting of the faid truftees, or in his dsibKC,
the moderator of the pre(bytery of Edinburgh for the time beni|
(fuch moderator being a truftee) or in his abfence, the ddcft
minifter of the city of Edinburgh j who is, or (hall then be a
truftee, to call other meetings of the faid truftees, as tKcificxi
(hall require, at fuch times and places as he (hall judge proper :
and the faid prefes, moderator of the preft>ytery of JUhfarjfi,
and eldcft minifter of the faid city refpcdHvely, are herdqr re-
quired, upon the requeft of any five or more of tbeiaidtrufices,
. to call fuch meetings from time to time.
Troftee* to . XLVI. And be it further enafted by the authority afbre&id,

*^'f fetde hii ^^^^ " ^^' *"^ ^^^ ^^ '*^^"' ^^"^ *^ ^^'^ truftctt, at their

^^^ faid firft meeting, on the fecond Tuefday in April, one thoofand

feven hundred and forty four, to eledt a clerk, and to appoifit

him a falary, not exceeding the fum of fifty pounds, of lawfbl

money of Great Britain, yearly ; which faid clerk (hall give

bond to the faid truftees, with one or more fuffideot foreties^for

the faitl>ful difcharge of his office, under the penalty of one

Oerk'i duty, hundred pounds of like money : and the (aid dert (hall, atWi

own charge, provide proper books, and (hall inicrt tbcreini

6 fitoi

^744*] ' Anno decimo (eptimo Georgii II. c. i r. 179

from time to time, the proceedings of the truftees ; and (hall
vrrite and caufe to be written their orders 3 and (hall have an
officer for advenifing the truftees of their (bted and occafional
meetings, and for attending the fame ; for which officer the
faid clerk (hall be allowed a fum not exceeding five pounds ^^r
annumy of lawful money of Great Britain.

XLVIL Provided always, That the clerk fo to be eledted, Clerk tobcap-
fliall be approved by the next meeting of th6 general a(remb]y of proved at the
the church of Scotland ; and in cafe he (hall be difallowed of by ^^^ aflcmWy.
the faid next meeting of the general afTembly, fuch meeting
(hall ele<^ a clerk for the faid trudees.

XLVIII. And be it further ena<5led by the authoritj^ aforefaid, Trufbcs may
That it (liall and may be lawful to the laid truftecs, for reafon- remove the
able caufes, to fufpend or remove the faid clerk ; and thereupon c'«rk, and ap-
or upon the death, re(ignation, or removal of the faid clerk, to P^*"' another,
appoint his fucceffor in the manner before directed, who (hall
b^ approved or difapproved by the next meeting of the general
aflcmbly of the church of Scotland^ who have hereby power to
hear and finally determine the caufes of the deprivation or fuf-
pen(ion of the faid clerk -, and to allow or difallow of the fame ;
and to affirm or reverfe the judgment of the faid truftees, as
they (hall fee caufe.

XLIX. And be it further enacfted by the authority aforefaid, AlTembly to
That it (hall and may be lawful for the general aflembly of the choofe ajeni«
church of Scotland^ that (hall lirft meet after the faid twenty fifth ral collcitor.
day of March one thoufand feven hundred and forty four, to
elcA and choofe a general colledlor or receiver of the aforefaid
annual and other rates ^ and the faid general collector or receiver
fo chofen, (hall have full power, and is hereby authorized to ^^|*^^<>r'»
carry on all fuits and aflions for recovery of the faid annual and " ^'
other rates> and to {(Tue the annuities to the widows, and pro-
viiions to the children, and to lend out the furpludes to the mi-
nifters of the church, and to the members of the faid three uni*
verfities, io the manner before diredcd, and alfo the after-fur-
phiff» upon interefi, as he (hall be directed from time to time
by the truftees aforefaid ; and the faid general colledtor or re«
oerver is hereby further authorized and impowered to ufe all pro-
per diligence ror fecuring all and every the aforefaid fums.

L* Provided always. That it (hall* not be in the power of the ProviTo.
fiud general colleAor or receiver to lend out any part of the
aforefaid capital of thirty five thoufand pounds, or to uplift or
re-employ the (ame, without a particular appointment of the
iaid truftees.

LI. And be it further enadled by the authority aforefaid, collcftor may
That the faid general colledor or receiver, (hall and may ap- appoint a dc-
point one or more deputies, for whom he (hall be anfwerable, P^'y*
for levying the annual rates, and other fums hereia before di-
reAed to be paid to him, at his office in Edinburgh^ in cafe the
fiime (hall not be paid within the times before limited.

LII. And it is hereby further enaded by the authority afore-
£ud) That the full cxpence that Ihall be incurred by the £iid

N a general

i8o Anno decimo feptimo Georgii IL c. ir; [1744;

Penalty on general colleflor or receiver, and his deputies, in recovering
colloftor's dc- payment of the refpeftivc fums from the debtors therein, or out
^^ * of their effedts, through their default in not makins regular pay-

ment as aforefaid, (h^l be recovered out of the rcipe£tive debt-
ors eftates, without any abatement or mitigation.
Colleaor to hlU. And be it further enadted by the authority aforefaid,
give bond. That the faid general colIe6tor or receiver (hall, at or before his
admiiTion, give bond, with one or more fufficient fureties, to the
aforefaid trullees, for the fum of feven thoufand pounds of law-
ful money of Gnat Britain^ that he (hall faithfully difcharge his
truft, and that he (hall effedtually levy and make good die an-
nual and other rates, payable by the minifters of the church of
Scotlandy and by the heads, principals, and other mafters in the
aforefaid three univerfities.
Colleftor to LIV. And be it further enadled by the authority aforefaid,
keep apublick That the faid general collector or receiver (hall keq) a publick
office in Edin- ^^^^ within the city of Edinburgh^ in which attendance (hall

burgh.

€^lle£tor to
make account

Collcaor't
falary.

Collcaor dif.
placed, may
appeal to ge-
neral allbm-
bly.

Provifo.

Prcsbyteriest
4cc to make
oat iittt gft

be given from the hour of ten to twelve in the forenoon of every
lawful day, for thirty days immediately following the ifluingof
the warrants to him m the manner herein after mentioned ; and
from the hour of ten to twelve in the forenoon, every IFednefkf
throughout the reft of the year,

LV. And be it further enaAed by the authority aforelaid,
. That the faid general colle6tor or receiver (hall annually, on the
fecond Tuefdaym May^ exhibit to the truftees, at their meeting
a particular account of the fums that have come into his hands
in the year preceding, di(tingui(hing by whom paid, and upon
what account.

LVI. And be it further enadled by the authority aforefaid.
That the faid general coUedor or receiver (hall, in confideration
of his whole trouble and expence, be allowed an annual fiilary,
not exceeding the. fum of one hundred and (ifty five pounds oi
lawful money of Great Britain*

LVII. And be it further enacted by the authority aforefaid,
That it (hall and may be lawful for the faid truftees, ror reafbna-
ble caufes, to fufpend or remove the faid geperal coIleAor or re-
ceiver ; and thereupon, or upon the death or refignatioo^of the
general colledloror receiver appointed by the general aflcmbly, to
name a general coUedtor or receiver in theinterim, who Q)a11 nave
full powers to ad until the next meeting of the general a(fembly ;
which faid next meeting is hereby impowered finally to deter-
mine upon the caufes of fufpenfton or deprivation of the former
general colle6tor or receiver ; and to give orders either for rd*-
toring the former colledtor, or for continuing the coUeAor nam-
ed by the truftees ; or for appointing a new general coUeAor or
receiver in his place. ^

LVIII. Provided always, That the general colleftor or receiver
fo named, (hall be allowed a proportionable part of the falary,
during the time that he (hall difcharee the truft..

LIX. And be it further enadtdtf by the authority afbrefiud,
That every prclbyter)' in Scotland^ and each of the raid univei'-
dtics of Saint Andmi^s^ Gfafgozv^ and Edinburgh^ (hall, ftom

and

..] Anno decimo fepdmo Georgii IL c. i f ; i g t

ftcr the faid twenty fifth day of Marcb^ one thoufand fc- prcfcrmenu.
lundred and forty four, from time to time, make up lifts *^'
minifters admitted to benefices, and of all heads, princi-
or other mafters, admitted into offices within their refpec- «

pre(byteries and univerfities, with the particular dates of
refpeftiveadmiflions; and with a particular account, if
minifter, or fuch member of the univerfity, be married,
vith the date of his marriage, if the fame ftiall happen af-
rds ; and alfo a particular lift of the minifters and mem*
^f the univerfities refpedUvely that (hall have died within
rear, and whether they have left a widow and children,
the names of the widows and the names and ages of the
ren, and alfo a lift of the widows that have died or been
led within the year with the dates of their death or mar-
^ and what children of the minifters or members of the
irfities refpedUvely were alive at the faid widow's death, or
of marriage ; as alfo lifts of aU vacancies happening within
faid presbyteries or univerfities refpe(ftivdy, with the dates
aufe of the vacancy ; which lifts, as alfo all other lifts that
be found neceflary by the truftees, and by them appointed
made up for the year one thoufand feven hundred and forty
ftiall be atteftedbythe moderator and clerk of the presby-
and by the bead or principal, and the clerk of the faid
irfities refpeAively ; and fliall, betwixt the term of Mar^
\i and the term ot Candlemas^ in the year of our Lord one
rand feven hundred and forty four, be tranfmitted by the
nrator of the presbytery, and oy the heads or principals of
aid univerfities refpeftively, to the truftees clerk refiding at
burgh ; and fo firom theniceforth annually, in all time to
;, the lifts of each year, computed from Martinmas to Mar--
r5, fliall be tnade up and tranfmitted as before mentioned,
ixt the term of Martinmas^ and the term of Candlemas fol-
ig ; and the moderator of the presbytery, and the head or
:ipal of the univerfities, negleSing to fign or tranfmit fuch
IS aforefaid, fliall, for every fuch offence, forfeit the fum
1 pounds of lawful money of Great Britain y to be paid in to
;eneral colle<£lor or receiver, and to be levied in fuch man-
and to be applied to the fame purpofes,as the annual rate»
lerein before appointed to be levied and ap)plied.
K. Provided always. That the moderators of the presby- provifo*
I in the weftern and northern ides of Scotland^ fliall npt be
i6t to the faid penalty of ten pounds, in cafe they tranfmit
lifts as aforefaid within fix months after the faid term of
iinmas.

KI. And be it further cnacfted by the authority aforefaid. Moderator,
t the moderators of the faid presbyteries, and their clerk, &c. to give
the heads or principals of the faid three univerfities, and certificate* t^
clerk refpeftively, ftiall, at the requeft of ^9di widow or ^"•^Srciu'^
I, claiming right to an annuity or provifion, deliver to them
tificate fignedas aforefaid, certifyii^ the()eath of the mi-
N 3 nift^r

Truftccs (hall
make lifts of
widows, &c.

Truftccs to
lettle their ac
counts.

182 Anno dccimo feptimo Gborgii IL c. lii [ 1 744*

nifter, or the death or marriage of his widow, with the refpec-
tivc dates thereof, and the names and ages of his children.

LXII. And be it further enabled by the authority aforeiatd.
That the faid truftees {hall, at their meeting on the faid fecond
Tui/day'm AforrA yearly, make up proper lifts of all the widows
and children intitled to receive annuities or provifions out of the
funds of the preceding year, mentioning the particular fumsto
which they are refpedively intitled ; which lifts ftiall remain in
the hands of the truftees clerk, and ftiall be open to the infpcc-
tion of all parties intercfted ; and it ftiall be lawful for the bad
parties interefted, to give in their objedlions in writing to the
laid clerk, to be by him laid before the faid trufteesfor tneir de-
termination at their faid meeting, upon the fecond Tuifittf in
May next following.

LXIII. And be it further enaded by the authority aforefaid,
That the faid truftees ftiall, at their meeting appointed to be
held on the fecond Tuefday in May yearly, fettle and adjuft the
difpofal of their funds of the preceding year, and particularly
what fum ftiall he paid to each widow and child ; and the prefes
ftiall fign two fair copies thereof, and alfo a warrant upon the
general colledlor or receiver for payment accordingly, in favour
of each widow and child interefted \ and ftiall lodge all the faid
and lodge their warrants in the hands of their clerk, to be by him delivered to
th^hands of ^^^ feveral parties forthwith, as they call for the fame ; and the
clerk ftiall alfo forthwith deliver to the genera! coDeAor or re-
ceiver, one of the fubfcribed duplicates or copies of the total lift
and ftate.

LXIV. And be it epa^cd by the authority aforefaid. That
,the aforefaid general colle<ftor or receiver ftiall immediately, up-
on the faid warrants being prefented to him, at his office upon
any of the days, and at the hours above fpecifted, make pay*
ment of the refpe6tive fums therein contained, without fee or
reward, upon a receipt indorfed upon the faid warrants ; and if
Penalty if the either the general colle<51or or receiver, or the clerk to thetruf-
coUeaor re- tees, aforefaid, ftiall, on any pretence whatever, exa£t or re-
ceive any fee. ceivc any money or reward whatfoever, for or in refpe£t of dc*
livering the aforefaid warrants, or for making payment purfuant
to the faid warrants, the faid general colledor and clerk refpeo-
tively fo offending, ftiall ipfofadlo forfeit his office, and be in-
* capable of being ever re-eledted into the fame ; and upon proof

of fuch offence taken before the faid truftees (which proof they
are hereby impowered to take) the faid truftees are hereby re-
quired and impowered to deprive the faid general collc<ftor, or
the faid clerk refped^ively, and to declare him or them incapa-
ble of being rechoftn j and if any perfon, ailing under the laid
general colledor, or under the faid clerk refpe^vely, (hall
cxadt or receive any fee or reward upon the aforefaid accounts,
the faid general colle(5tor or clerk, by whom fuch offender was
appointed, ftiall for every fuch offence, forfeit the fum of tea
pounds of lawful money of CJr^'/j/ Britain^ upon proof brought
befo!c the faid truftees in manner aforefaid ^ which fums ftiall

the clerk.

Collcaor to
make pay-
ment.

1744*] Annodccimorq)timQGEORGil IL c.ii; 183

be levied and applied in the fame manner as i$ above dm&e^^
with refped to the annual rates.

LXV. And be it further enabled by the authority aforefaid. How widows.
That if any widow, child, or children, entitled to an annuity, H\^'^ ^® *^
or to provifions refpedivcly, (hall be unduly omitted, in making du\y%nSttcdI
up the faid annual lift as aforefaid, whether fuch omiflion (hafi
be occafioned through the default of the pre(byteries or univer-
fities refpedively, in not tranfmitting proper lifts or certificates
in the manner before directed, or from whatever other caufe or
occafion ; it fhall and may be lawful for fuch widow, child, or
:hildren, to make their claim to the faid truftees, at or befon:
their next ftated meeting upon the fecond Tuefday in Marchy in
the year following : and the faid truftees are hereby impowered
and required to infert the faid widow, child, or children, in
their lift to be made up at their meetings on the faid fecond
Ttufdcy in Marc\ and of May^ in the faid enfuing year^
and (hall, grant warrants for payment of their annuities and
provifions refpedively, out of the produce of the year imme-
diately preceding.

LXVI. Provided always. That if the widow, child, or chil- Penalty on wi-
dren, fo unduly omitted, ^(hall neglcA to make claim within one dowi ncglca.
whole year after fuch omifOon, their claim (hall be held as de-
ferted and given up, and fhall not be allowed at any time there-
after.

LXVII. And be it further enadted by the authority aforefaid, pireaionsfor
That the payments herein before dire^d, (hall be made to the paying wi-
iRridows or children refpedivdy named in the warrants, if the ^^"^^ claims,
perfoDs fo named are majors; and to the tutors or curators, of
[uch of them as are minors ; and if they have no tutors nor cu-
rators, to fuch perfon or perfons as (hall be authorized for that
pui^fe by an a£t of the pre(bytery or univerfity refpedtively, of
Bvbich the perfon, under whom the provifion is claimed, was
laft a meipber.

LX VIII. And be it farther enadted by the authority afore- No arrcft on
Eud, Tha)t the aforefaid annuities payable to widows, and the widows or
proviGoas payable to children of the aforefaid minifters of the*^^"°* W*
church of Scotland^ and of the beads, principals, and mafters
io the afprefaid universities, fbajl not be liable to any arreft- .
meat \ but (hall be paid to the widows and children themfelves,
or to their tutors, and curators or truftees as aforefaid, or to
tbcir executors and adminiftrators^ or aftigns \ any law or ufage
to the contrary notwithftanding.

LXIX. And b^ it further enaSed by the authority aforefaid, Difpofition of
That the faid tryft^s, at their meeting on the fecond Tmfday^'^r^^'f^^f^
in Mcy yearly, fhall give proper dire<ftions to the general col- \^!^ *^^
Ujdor or receiver aforefaid, for lending out the furplufTes of the
prtceding year to the minifters of the faid church, and to the
bods, principals, and mafters in the aforefaid three univerfities,
to the amount of thirty pounds as aforefaid to each ; and the
ailer furplufTes towards raifing the aforefaid capital of thirty five
tboufapd povp4^ in manner herein befo^'e diredted,

N+ LXX.Pro.

Penalty on
truflces not
attending the
dated meet-
ings.

184 Anno dedmo fepdmo Georoii II. c. iir [1744.

Provifo* LXX. Provided always. That no part of the faid capital of

thirty five thoufand pounds (hall be lent out, or up-lmed, or
' re-employed, but with the advice and confent of the lord prc6-
dent, and the two fenior judges of the court of feflion, the loid
chief baron, and fenior baron of the court of exchequer, and
of the lord juftice general, and lord juftice clerk for the time
being, or any three of them.

LXXL And be it further enadted by the authority aforefiui.
That the faid truftees herein named and appointed^ mill attend
the aforefaid Rated meetings, and the adjournments thereof, and
all occalional meetings, to which they (hall be lawfully wuned
or fummoned, under the penalty of twenty (hiUings of lawAd
money of Greaf Britainy toties quotits^ to be levied and applied
in the fame manner, and to the fame purpofes, as is herein be-
fore directed with refpedl to the annual rates; and a ccrtifiaie
under the hand of the clerk (hall be a fufficient evidence of fuch
abfence, and of the penalty's being incurred, unlefs the trultee,
abfent as aforefaid, (hall have a fufficient caufe for fuch abfcoce,
and which (hall be allowed of by a majority of the tmftees who
(hall be prefent at tlie refpeAive meetings.

LXXII. And be it further enaded by the authority aforeftid.
That the faid truftees (hall annually prepare a ftate of the funds
under their management, and an account of their proceedings,
which (hall be annuallv laid before the general adembly of the
church of Scotbnd\ and a printed copy thereof (hall be tranfmit-
ted to each pre(bytery, and to each of the faid univerfities, b6-
twixt the firil day of June and the firft dayof Auguft yearly.

LXXIII. And it is hereby enaAed, Tha» the eacpence of
printing and tranfmitting the (aid annual fiate, asaforeuud, and
alfo all other nece(rarv incidental expences of the faid truftees,
(hall be paid by the laid general colle6tor or receiver, and (hall
be allowed to him out orhis annual receipts} provided the faid
expences do not in any one year exceed the fum of forty pounds
of lawful money of Ureat Britain.

LXXIV. And be it further enadted by the authority afore-
faid. That the faid general coUeftor or receiver (hall annually,
his accounts ^^ j^g fecond Tuefday in November^ exhibit to the faid truftees,
tothc truitce*. ^^ ^j^^j^ meeting, a particular account of the fums that (hall then
have been paid by him out of his receipts of the preceding year;
and the faid truftees (hall and are hereby impowered to audit
and pafs his accounts, and to acquit and difcharge him and lus
fureties, from time to time, of the fums fo accounted for.
Ratct payable LXXV. And be it further enacted and declared. That in all
by minifters future procefles of modification and augmentation of ftipends,
reckoned part the aforefaid annual rates payable by the minifters of the church
of their fti- ^^f Scotland^ by virtue of this prefent aft, fliall be deemed and
^^ ** computed as part of their ftipends ; any thing herein contained

to the contrary notwithftanding.

LXXVI. And be it further cnafted by the authority afore-
faid. That if the univerfity of Aberdeen^ or any of the colleges
therein^ (hall apply to the next general afTembly of the church

of

An annual
itatc of the
funds to be
prepared*

Neceflary ex-
pences to be
paid by the

fc

Eeneral col-
cftor.

"(Vhencollee-
tor is to give

pendt

Univerfity of
Aberdeen
may be corn-
prenended in

4«] Anno deckno le(idfno Georgii II. c. i 2-^ i 6. i Si;

€9tbmdy declaring that they defire to be comprehended in this a6^, if
aA ; the heads, principals, and matters in the faid univer- delired.
of Aberdan^ or in either of tl>e colleges of the faid univer-
ihall be comprehended in this a<ft, and (h^ll be fubieA to
innual rates and other burdens hereby impofed ; and they,
their widows and children refpf Aively, (hall be intitled to
privileges and proviiions herein contained, in like manner in
^pedts, as with refpeA to the heads, principals, and mailers
le aniverfities of Saint Andrew* s and Glafgow^ is herein be-
enacted.

XXVIL And it is hereby further cnaAed and declared, Publlck aa.
t this aA (hall be deemed and taken to be a publick adt, and ^"f^ndid fy
jdges, juftices, and other perfons are to take notice thereof **^^*®'**^**'"
ich in all courts and places whatfoever, without fpecblly
ding the fame.

CAP. XII.
i& for enhrgiag the term arid powers granted by an a£b pa/Ted in the
ird year of the reign of his prefent Maiefty, intitiiled» An a^ fir re*
ring the roads UiJtng from a gati callid Sbifjton ToiUgate at Bridge^
vir, in thi partfh of Oid Straiford^ in tbi cnmij of iTarwicky tbrtnigb
tnmnfier and Sbiffon upon Stvwer^ H the top eftoi^ Comfton Hili in the
icmentji and Co make the fame more effectual.

ni nQ 3 Gn. %% c, 9. meimuidfef %iyuprt.

CAP. xin.

ift ibr .f9ntinuing the term and powers granted by an a6tpaffed in
e firft year of his prefent Majefty^t reign, intituled. An aSfSr repair^
f and amen&ng tendered toads leading to md from the borough ofEveJbam
ibffonnty of Worc^er \ and for nuking the fame more maoal.

Tbi off I Goo, t. c.ii. iontimiidfor %\ years*

CAP. XIV.
A fisr continuing and enlargmg the term and powen eranted by an
\ pailed in the tl^ird year ot the zeign of his prefeiit Maiefty, for re<
inng ^e road leading from Galley-comer, adjoining to Enfield Chace
the parifh of South Mims, in the county of Middldex, to Lemsford
yi in the county of Hertford.

^e oB 3 Geo, 1. r. 10. cmttmud for %i years.

CAP. XV.
wEt for the fpeedy and effe6hial recruiting of his Majefty*s land forces
d marines tor the year one thoufand feven hundred and forty four.

CAP. XVI.
^& for puiuihuie mutiny and defertion ; and for the better payment
. of tnc army and their quarters. EXP.

CAP.

1 86 Anno dcclmo fepdmo Georgii OL c. lyi [i744«

CAP. xvn.

An aH for granting to bis Majeftj the furplus or remainJer
of the monies arifen^ cr to arife^ by the duties onfpritu^
ous liquors^ granted by an a£i of the left fejfion of parUa-
ment ; and for explaining and amending tbefaid ait in r<-
lation to the retailers of fucb liquors^ and for eftablifbiiif
an agreement with tf^e united company of tMircbants ^
England trading to the Eaft Indies.

XXrHERE AS in and by ana^ of parliament^ made andpaJJH
i6G€ai. c. g. YY ^.^ tbefixteenth year of his Majejifi reign, inHtuled^ An ad
for repealing ceruin duties on fpirituous liquors, and on licences
for retailing the fame; and for laying other dptieson rpiriniom
liquors, and on licences to retail the faid liquors ; it waSy amsa^
other things^ ena^fed^ That from and after the twenty fifth day if
March, which Jhould he in the year of our Lord one tboufimd fevm
hundred and forty three j there Jhmla be raifedy levied^ aTidpaitdMHto
bis Majejlyy his heirs and fucceffors^ for the fever aifpiriiu jus S^uors
madiy extracted, and manufactured in Great Britain, and therm
mentioned^ fpecifiedy and enumerated (over and above ail dnties^
charges y and impofitions by any former a£i of parVuiment tbereupm
refpe^ively fetj ratedy and tmpofed) the fever al rates and duties d
excife therein mentioned atid expreffldy with divers provijions and «-
retfions in the faid adlcontainedyjor raifin^y managingy and eolle^iug
tbefaid rates and dutieSy and paying the Jame into the receipt of bis
Majefifs exchequer y difiin£fly and apart from all other brancies if
the publick revenues y futje^ and liable to fucb ufes^ appUcationSy ad
purpofesy as Jhould by any ftiture a^ or a^s of parliament be dire&U
^^ or appointed: and whereas in and by one other a^ made andpaffedin

i«aeo.*.c.i3. ^^ y^^^ ^^^ ^^ parliamenty intituledy An 2& for raifid^ bf
annuities, and a lottery, in manner therein mentioned, the fum
of one million eight hundred thoufand pounds, at three pounds
per centum per annumy for the fervice of the year one thou&od
feven hundred and forty three, // waSy amongfl other tbingSy en*'
aSledy That the feveral and reJpeSlive annuitiesy after the reUe ef
. three pounds per centum per annum, which by the faid a^ were
granted and made payable from the refpe^Hve times therein fpet^Uy
in refpe^.of the principal fum of one million eight hundred tboufmd
poundsy authorized by the faid aHy to be advanced and paidy until re^
demption thereof by parlictmenty in manner therein mentionedy fiould
be charged and chargeable ufony and payable oiu of the momes wbUb
Jhould from time to time anfey and be remaining in the receipt of his
Majeftfs exchequer y of or for the rates and duties on low wineSy
fpiritSy andftrcfjg water Sy granted to his Majejly by the before rt»
cited a£i of parliamenty and the fame were thereby appropriated
for that purpofe accordingly: and it is thereby provided and etH
aHedy That in cafe there Jhall be any furplus or remainder of ibe mo*
nies ariftig by tbefaid rates or duties y after the faid fevered and re*
JpeSfive annuities y and all arrears thereof are fattsfied^ or mmesM-

ficieut

1744*] ^^^^ decima ieptimo Georgu IL c. 17* 1S7

ficient Jball hi uftrvei for that purpofe ; fuch furplus or remaindir
(ball ftom time t$ timt be referved fer the di/pofition of parliament^
and Jball not be ijfued but by authority of parliament^ and as Jball
be MreSied by future a& or a^s of parliament : now we, your Ma-
jefty's moft dutiful and loyal fubjedts, the commons of Great
Britain in parliament aflembled, beine defirous to raife the ne-
ce&ry fupplies which we have cheerfully granted to your Maje-
Ay» in the eafieft manoer we are able, for the benefit of your
fubgedts, have freely and voluntarily eiven and granted, and by
this act do give and grant unto your Majefty the furplus or re-
mainder of the monies arifen, or to arife, by the faid rates and
duties on fpirituous liquors, granted to your Majefty by the faid
Srft herein in part recited aS of the laft feflion of parliament,
ndtuled. An a£f for repealing certain duties on fpirituous Uquors^
md on licences for retailing the fame ; and for laying other duties on
^rituous liquors^ and on licences to retail the faid liquors \ and which
oy the faid ad laft herein in part recited, intituled. An a£f for
^aifing by annuities ^ and a lottery ^ in manner therein mentioned j the
Htm of one million eight hundred thoufand pounds^ at three pounds
per centum per annum, for the fervice of the year one thoufand
fevm hundred and forty three, were referved for the difpofition of
parliament, after the feveral annuities chained thereon are fatii^
fied» and do moft humbly befeech your ^fajefty that it may be
enabled, and be it enaded by the {wing's moft excellent majefty,
by and with the advice and confent of the lords fpiritual and
teniporal, and commons, in this prefent parliament aflembled,
and by the authority of the fame. That the faid furplus or re- Difpofition of
mainder of the monies arifen, or which ftiall from time to time the furplus
arife by the faid rates and duties on fpirituous liquors, granted ?°"'^L?j*"^
by the iaid a<ft of the laft feflion of parliament firft herein in part Jj^°^„ fpirim.
recited, after paying or referving from time to time at the receipt 00s liquors.
of bis Majefty's exchequer, money fufficient to (atisfy and pay
the feveral and refpedive annuities charged on the faid rates and
duties, by the faid laft in part recited a6t of the fame feflion,
(hall at the faid receipt of exchequer be kept diftin<£lly and apart
from all other branches of the publick revenues, and the fame
(hall be and are hereby declared to be a fund and fecurity in the
firft place for fatisfying and paying the annuity by this z€t charged
thereupon, in nuinner herein after mentioned ; and afterwaraa
0^ all fuch further annuities as Qiall be made payable out of the
£iine, by any future or other a6t of parliament of this feflbn,
until redemption thereof by parliament, and for no other ufe,
intent, or purpofe whatfoever.

II. And whereas in and by one a£i of parliament made andpaffed 3 Gfe.s.c*T4j
in the third year of his prefent Maiejlfs reign^ intituled^ An aA far
reducing the annuity or fund ot the united Eajl In^a company,
and for afcertainine their right of trade to the Eajl Indies^ and
the continuance of their corporation for that purpofe upon the
terms therein mentioned, // was among/1 other things ena&ed^ That
the united company of merchants of England trading to the Eaft
Indies, Jbould advance and pay into the receipt of bis Majejlfs ex*

chequer^

i88 Anno dccimo fcptimo GeoROII II. C.17; [1744:

chequer^ on or before the twenty fourth day of December, om thtih
fandfeven hundred and thirty^ thefumoftwo hundredthoufandprntMb^
to be applied towards the fuppKes granted to his M^ejiy for thefer-
vice of the year one thoufand feven hundred and thirty j far wbicbm
inter eft Jhould be ever payable^ nor any addition to be made to thnr
then capital Jiocky er debt from the publick on account of the fem^
nor the fame or any part thereof be repayable to the fdiawdiei am*
pony: and it was thereby alfo enaHed^ That yom and after the twetSf
ninth day of September, which Jhould be in the year of our Lerdon

thoufand feven hundred and thirty,, and not before^ the annuity vryeer*
ly fund of one hundred and fixty thoufand pounds y payable U ibeUi
united company y Jhould be reduced to an annuity or nearly fiatd tf me
hundred and twenty eight thoufand pounds^ in refpelf of thnr tttn
capital fiocky or debt of three millions two hundred thmfand pemb^
which reduced annuity or yearly fund Jhmld be and remain charged ujh
on^ and paid and payable from time to time out of the fame dunes
and revenues y in the fame manner ^ and by the like weekly er fuarter"
* fy payments^ and with the fame provifons for making goad any defh
eiencies in the faid reduced fund^ as their then annuity waschvfpd
on or provided for y to be paid^ until fome new or other pravifien JkiU
be made by parliament ^ with cofifent of the faid united e^mpeaey for
the fame^ fubje^ to redemption upon one yearns notice to be given if
parliament y after the twenty fifih day of Mxcch^ which flmlibeiiL
the year of our Lord one thoufand feven hundred and thirty Bn^ upm
the expiration of the faid year y and upon repayment by paraemunttf
the faid whole capital flocks or debt of three milHon tw§ bnninl
ihoufand pounds unto the faid united company ^ by payments net Vjs
than five hundred thoufand pounds at a time^ and alfo of all arrears rf
their faid reduced annuity or yearly fund of one hundred and tweat)
eight thoufand pounds y which JhouU be due attheendof the/mdyoer$
from whtch time their faid annuity or year fy fund Jhould ceafitj dtttr"
mine, and be no longer paid or payable to them^ as thereittis men
particularly mentioned: and it was alfo thereby ena^ed^ Tbatrnt*
withjlanding fuch redemption j the faid united company and their fu^
ccjfors Jhould continue to be a body politick and corporate^ by^ the mm
of The united company of mtrzhzntsoi England^ trading to the
£(^ Indies^ and by that name fhould have perpetual Jiuceffion^^ and
have J holdy and enjoy all benefits^ privileges^ franchifes^ and rights^
which by any former aSi or a^s^ or any charter or charters fmniei
thereupon^ the faid united company might hold and etyoty^ net entered
or varied by the faid a£ly as therein is more particularly mentioned i
and the find united company were thereby alfo impcweredy after re*
demption of their faid yearly fund, or a moiety thereof er mere by
parliament^ to declare by by-laws or orders in their general courts^
what part orjhare in their remaining capital flock or yearly fimd er
flock in trade Jhall qualify any members of the faid united company^
merchants of England trading to the Eaft Indies, to bedire&erspr
the affairs of the faid company^ or to give any vote or votes in anygtr
neral courts \ and for the clewing the diredfors^ and for their teit^
nuance or removal^ incapacity or avoidance : and it was al/i further
ena^ed^ That notwithjlanding fUch redemption of the feud yearly fmi

:744«] Anno dedmo fepdmo Georoii IL Ciy. 189

f me hundred and twenty eight thmfand pounds^ the find united

fmpany flmild {fubje£i to the prwifo of determination therein and

^ein after mentioned) have, ufiy and enjoy the whole and file trade

nd traffick^ and the only Uberty^ ufe^ and privilege rf tradings

raffickin^ and exerafing the trade or buftnefi of merchanmze into imd

rem the Ez& Indies, and into and from all the iflands^ portSj ha*

tens J ceafts^ cities^ townsy and places, between the cape of Good

fope, and thefireights of Magellan, and limits in an aSf of the

nnthyear of the reign of his late majefty King William the Thirds ^ 9 W. 3. c. 44.

ft a charter of the fifth day of September^ in the tenth year of his

M Majeflfs reign mentioned, in as ample and beneficial manner, as

hejaid company could thereby trade thereto, withfuch prohibitions t0

It 9ther his Majefi/sfubje£ls to trade thereto^ ana under fuch penaU

ies and forfeitures as tn the faid aSf of the third year of his

re/ent Majejifs reign is more particularly mentioned: and it was

hereby further enabled. That the faid united company fbouldat all

imes thereafter for ever {fubie^ as aforefaid) have, hold, and /»-

ff» and be in tit led unto all ana every the profits, benefits, advantages^

rivileges,franchifes, abilities, capacities, powers, authorities, rights^

'em^ies, methods of fuit, and all penalties and forfeitures, and dif^

aUties, proviftons, matters, and things whatjoever, which h any

irmer a^ or aifs of parliament, or by any charter or charters founa*

*d thereupon, or ^ any claufe or claufes in the faid aSs or charters

entained, were enalfed, given, granted, provided, infilled, limited^

'fiabiifhed, er declared to, for, touching, or concerning tbefaid compa-

n or body politick and corporate, either by the name of The general

^etv, intitled to the advantages given by an aa of parliament

br advancing a fum not exceeding two millions of pounds for

iie fervice of the crown of England-, or the faid body politick and

orporate, called by the name of Tht EngHfl> company trading to the

Eafi Indies-, or the faid body politick and corporate, called by the name

}fiht united company of merchants oi England tradi ng to the Eajl

Indies (not altered or intended to be altered by the faid a^J according to

'be tenor and true meaning of the faida^s and charters, freed and difi

:bargedfromallprovifoes and conditions of redemption and determination

'herein contained-, am the fame were thereby ratified and confirmed^ and

tottld continue to be held, enjoyed, and bepradJi/idandput in execution

^ tie faid united company, and their Jucceffors, for the better and

mre effeQual fettling and fecuring to them and their fuccejfors, the

whole, fole, and exclufive trade to the Eaft Indies, and parts afore^

bid-, and for the preventing all his Majefi/sfubje^s trading thither,

tndforjecwring alfo their pofejftons, efiates^ ana effe&s, and govern^

mg their affmrs and bufinefs, tn all refpeffs, as fully and effeilually

ts if the fame were repeated and re-enalfed in the faid a^, fubje^

'0 Jueb re/hiSlions, covenants, and agreements, as are eoniainea in

*hefaida^s and letters patent then in force, and not thereby varied or

Jeered, andfiibje^ alfo to the provifo following; that is to fay. That

It any time upon three years notice to be given by parliament, afier the

*went^ fifth dm of Nlarch, which Jhall,be in the year of our Lord

me thoujand Jeven hundred and fixty fix, upon the expiration of

he faid three years, and repayment to the fiid united company of

ncrcbatsts ^England trading to the Eaft Indies, or their fucceffors.

190 Anno decimo feptimo GeorGII II. c 17. C'744*

rf thi faid capital ftock^ debty or fum of thru millions and tw§
iundred thoufand pounds^ and all arrears of annuity ^ payable in ri-
fpe^ thereof^ in cafe the fame Jball not have been before repaid \ thuiy
and from thenceforth^ the faid rights title j and inter ejl of the Jini
united company of merchants ^England trading to the Eaft Indifis,
to the whole ^ fole^ and exclujive trade to the Eaftlndies and parti
aforefaidy Jhau ceafe and determine \ and it was thereby alfo prauidedj
That nothing in the above provifo^ or in any provifo in the a5l of the
ninth year If the reign of his faid majefly King Williain the Tbirij
'or in the faid charter of the fifth day of September, in the tnah
year of hts faid Majefly^ or in any other a£f or charter contained^
Jhoula extend or be conjlrued to extend to determine the corporation of
the faid united company ^ or to hinder the faid united company from
tarrying on at all times^ after fuch determination of the right to the
fole^ wholii and excluftve trade as aforefaidj a free trade in^ /#,
and from the Eaft Indies, and parts aforefaidy with aU or any part
of their own joint flock in trade^ goods^ merchandizey ejlate^ cmi
effeUSy in common with other his Majejifs fubjeifs^ as by the fame
a^y relation being thereunto had^ may more fully appear: end
whereas in and by one other aSl of parliament made and pajfed in tie
%Geo.%,c. 20, faid third year of his prefent Majeflfs rcign^ intituled^ An ad for
taldng off certain duties on fait, and for making good any de-
ficiencies in the funds that may happen thereby^ and for charg-
ing the reduced annuity payable to the Eafl India company on
the aggregate fund; and for relief of Matthew Lyon^ exocotor
of Mattitw Page^ deceafed, in refpeft of the duty for fait loft
by the overflowing of the river Mercy^ in the. year one
thoufand feven hundred and twenty four, for the prevenfifif
or remedying atty injury or damage which might happen to the fui
united company J in refpe^ of the diminution that might happen in tin
produce of the duties and revenues charged with their then annmtj
or fund of one hundred and fixty thoufand pounds per annum, if tbt
ieafmg and determining the therein before mentioned additional duties
on faiti before or until the faid intended reduction of thtir faid then
annuity or yearly fund Jboidd take place ^ and their reduced annuity or
yearly fund Jhoula be charged upon new duties and revenuas with their
confent it was ena^edy That in cafe at the end of any one fuarter
of ayearj to be computed from the feafl of the annunciation of the
blejfed Virgin Mary, in the year one thoufand feven hundred and
thirty^ until fuch intended reduilion Jbould tate placcy and fuch new
fecurity be provided for the faid reduced annuity or yearly fundy the
produce into the exchequer of the monies ariftng from the faid addi-
tional duties on falty and the additional duties on fiampt velhurty
parchment y and papery particularly charged with the then annuity er
futtd^of one hundred and fixty thoufand poundsy payable to tbifaii
united company y Jbould not be fuffictenty together with the then pro-
vifions by parliament for making good the deficiencies thereon^ to £J'
charge the quarters annuity that Jhouldbe then due to tbemy theny end
' in jcvery Juih cafcy and as often as the fame Jbould heppeny fiub
quarterly deficiencies Jbould frcm time to time be made good out of any
mcniiSy wciib at the refpe^iu times of fuch dificimciiS' fimdd be

and

•] Anno decimo feptuno Georgii IL ciy. 191

tmain in the exchequer^ of the monies arifen or to arije for
lid duties and revemiesy commonly tailed The aggregate Fund,
} Jbould be more than fufficient to anfwer^ pay^ and fatisfy
would then be due or dcmandable for any prior charges or in^
^ances on thefaid aggregate fund : and it wasalfo ena£ted^ That
and after the twenty ninth day of September, which Jbould be
? year of our Lord one 'thoufatta fevin hundred and thirty^ in
be faii intended rcdu^ion of the faid annuity or fund of one
v</ and fixty thoufand pounds^ Jhould then take place ^ then^
from thcTuefortby fuch reduced annuity or yearly fund of me
^ed and twenty eignt thoufand pounds^ fiould be transferred from
everal duties and revenues then charged with the faid then
'ty or yearly fund of one hundred and fixty thoufand pounds^ and 4
arged upon^ and payable out of the monies arifen or to arife inta
xchequer from time to timcj for the faid Jeveral duties and re^
ts compofing the aggregate fund^ to be paid and payable to the
united company, or their JuccejforSy by fucb and the like quar--
payments^ as their then anmdty or yearly fund was then paya-
fubje£i neverthelifs to fuch redemption by parliament , as was er
y be enaffed by any other a£t of the then fejjion of parlia^
, cmd fubjeet to fiuh prior charges and incumbrances, as were
iouUbe made by parlument en the growing produce of the faid
egate fund, before the taking place of fuch rediiSiion: and
reus the faid united company of merchants of England trading to
Eaft Indies are willing and contented to advance and pay into the
pt^ your Majejifs exchequer, towards the fupply granted to

Mijefiy for the fervice of the year one thou/and /even hundred
forty four, the fum of one million of pounas Sterling, for the
bafe of an annuity of thirty thoufand founds well fecurei to the
united company, and repayable on the fame tetms with the compa-
prefent capital, with an addition of fourteen years to their prefent
9, which will, with fmh addition, extend to Lady-day, one tnou^
I feoen hundred and eighty, befides the three years allowed them
r the expiration of their prefent term, for bringing home and
eftng of their effects, and otiir purpofes ; with power to thefaid
ied company to ifftu out bonds from time to time for any part, or
whole amount of the faid one million of pounas Sterling, and
9 fsub other terms, conditions, grants, confirmations, articles, and
vifions,as are hereinafter made,granted,provided,declared, and en^
fdi belt therefore enaded by the authority aforefaid, That the
I united company of merchants of England trading to the One million to
9 ladies, in purfuance of their before recited agreement; (hall ^ P*jl '"*^
ranee and pay into the receipt of his Majefty*s exchequer, for *"^*^^^**''

Majefty's ufe, the full fum of one million on or before the
mty ninth day of September, which flviU be in the year of ,

r Lord one thoufand feven hundred and forty four, at fuch
les, and in fuch proportions, as the commiffiohers of his
ijeft/s'treafury, or any three or more of them, or the high
afufer for the time being, (hall think fit to dire&and appoint,
as the faid united company be not obliged to pay more than
0 hundred and fifty thousand pounds at any one time, nor

with«

192

3 per cent,
dilcount.

in the pay
meats,

Anno dedmo &pdmo Georgii II. c. 17! [1744^

vrithout having one month's notice before eaeb refpeAhre dme
of payment, and fo as the faid company be not obliged to make
any fuch payment before the twenty fiftn day oiMay^ one thou-
fand feven hundred and forty four.

III. Provided always, ana it is hereby enaAed by the autho-
rity aforefaid. That out of tlie faid fum of one million, the (aid
united company (hall have and receive back by way of dUcount,
fo much as the intereft at the rate of three pounds per centum per
annum for each fum of money which (hall be adually advanced
and paid, for or upon account of the faid fum of one millioo,
(hall amount unto, from the day of the adtual payment theitof,
until the faid twenty ninth day of September^ one thoufand (even
Toberiied.in hundred and forty four; and in cafe the faid united coiAptoy
in ?h^na«^"'^ ^^' ^^^ failure in any of the faid payments fo by this ad ap-
f naif, p^jj^igj iQ jjg made into his Majefty's exchequer as afore(aid, it
or before the refpe<5tive days or times to be directed and appoint-
ed as aforefaid, the money whereof fuch failure in payment (hail
be made, (hall and may be recovered to his Majefty's ufe, hj
a(5lion of debt, or upon the cafe, bill, fuit or information in m
of his Majefty's courts of record at ffyimin/ler^ wherein no tt-
foin, protection, privilege or wager or law (hall be allowed, or
any more than one imparlance; in which a<5tion^ bill» fait or in-
formation, it (hall be lawful to declare, that the faid united com-
pany of merchants of England trading to the Eqft Indies^ are in-
debted to his Majefty the monies of which they (hall havenade
default in payment according to the form of this ftatute,niid hate
not paid the fame, which (hall be fuflkient; and inoriqionfiidi
adtion, bill, fuit or information, there (hall be further recovcradio
his Majefty's ufe againft the faid united company, damages after
the rate of twelve pounds per centum ter annum for the monies
fo unpaid contrary to this adt, belides hill cofts of fuit; and the
faid united company and their fucceflbrs, and their fiud ftock
and funds, (hall be and are hereby made fubjedk and lialik ^care*
unto.

IV. And for the encouragement of the faid united oompanv
to advance and pay the faid fum of one million, with fucn
difcount out of the fame, as aforefaid; and to the end the (aid
united company, and their fucce(rors, may have a competent
recompencc and confideration for fo doing, it is hereby enaded
by the authority aforefaid. That the provifoes contained in the
faid in part recited adt of the third year of his prefent Majefr|^t
reign, and all other provifoes contained in any other aA or ads
of parliament for determining the annuity or yearly fund of the
(aid united company, and the right, title and intereft of the £dd
united company to the whole, fole and excluftve trade to the
EaJl Indies^ and parts aforefaid, or either of them, upon the
xeipeclive notices and payments in the fame ads mentioned, (hall
be, and are hereby repealed and made void; and that the faid
united company of merchants of England trading to the Ea^
Indies^ and their fucce(rors, (hall for ever have, receive and en-^
joy, not only their prefent entire annuity or yearly fund of

Damages for
noapaytiieiit.

Proviroet in
any ad to de-
termine the
ladii compa-
ny's annuity,
xefcaled.

1743'] Anno dedmo fcptimo Georou II. C. 17. 193

hundred and twenty eight thoufand pounds, out of the rates^
duties and revenues charged therewith, or liable to make good
the fame; but alfo that from and after the faid twenty ninth day
of September^ which (hall be in the year of our Lord one thou-
fand feven hundred and forty four, the faid united company of
merchants of England trading to the Eaji Ittdies^ and their luc-
ccflbrs for ever, (hall inrefpedt of the* faid principal fum of one
million by this ad dire<fted to be advanced and paid by them,
have, receive and enjoy a further annuity or yearly fum of thir- a jj- -
ty thoufand pounds, computed after the rate of three pounds anntdty of
per centum per annum \ which faid annuity or yearly fum (liall be 30,000!.
charged upon, and payable out of the faid furplus or remainder c^ar^on the
of the monies arifen or to arife, and be paid into the receipt of ^."'^"^f? ^P^'
his Majefty'« exchequer, by the faid rates or duties on fpirituous qi^,*
liquors by this a<St granted as aforefaid; and the faid furplus or
remainder of the faid rates and duties, after the feveral annuities
before charged thereon are fatisfied, are hereby declared to be a
fiind, and (ecurity for anfwering and paying the faid yearly-fum
or annuity of thirty thoufand pounds, to the faid united com-*
pany and their fucce(rors for ever, until redemption thereof by (^\;.^^ ^^^
parliament, according to the provifo herein after contained in demption by
that behalf; and that the faid annuity or yearly fum, (hall from pariiameiit«
time to time be paid quarterly, at the four moft ufual feafts or
days of payments in the year, by even and equal portions, the
firft payment thereof to be due and payable at the fcaft of the Annuity to
nativity of our Lord Chrift, one thoufand feven hundred and j//**"* ^"*^*
forty four, and (hall be free from all taxes, charges and impofi- ^'
tions whatfoever.

V. And be it further enaAed by the authority aforefaid, Conipany*s
That fo much of the faid furplus, or remainder of the monies Annmtv of
ariiing into the exchequer by the faid rates and duties on fpiritu- sojoool. to be
ous liquors, by this axS granted as aforefaid, as. (hall be fufficient ^xchSiucr ^^^
to make up and compleat the diid annuity, or yearly fund of ^Uiout fee*
thirty thoufand pounds, to be payable to the faid united compa-
ny and their fuccelTors, in refpedt of the monies which (hall be
actually advanced by them in purfuance of this adl, (hall in the
firft place be fet apart s^nd applied, and the fame is hereby ap-
propriated for and towards the raiGng and making good of the
laid annuity or yearly fund, and is hereby diredted. and appoint-
ed to be liTued and paid out of the faid receipt of exchequer, by
the refpeAive officers of the fame, without any fee or charge,
ind without any further or other warrant, to be fued for, had or
obtained from his Majefty, his heirs or fucce({brs, in that behalf;
md (hall be applied to and for the ufes and purpofes in and by
his a<5t expreiTed and intended, and to no other ufe, intent or
>urpofe whatfoever; any thing herein before contained to the
x^ntrary notwithftanding: and that the refpeiflive officers in the Officer nei^.
exchequer, who (hall make any delay in paying the faid monies l^^ng pav-
o the ufes by this a^ intended, or (hajl be guilty of diverting or P?^"^* *^ '^*.
nifapplying any of the faid monies to any other ufe or purpofe, pay treble da-
ontrary to this ail, or ihall pav or itTue out the fame, or any maaes.

Vol. XVin. ' O paft

1^2 Anno dedmo &pdmo Georgii IL c. 17. [174^

vrithout having one month's notice before eaeh refpeAive time
of payment, and fo as the faid company be not obliged to make
any fuch payment before the twenty fiftn day of May ^ one tbou-
fand feven hundred and forty four.
III. Provided always, ana it is hereby enaAed by the autho-
3 per cent, rity aforefaid. That out of tlie faid fum of one million, the laid
diicount. united compan]^ (hall have and receive back by way of difcount,
fo much as the intereft at the rate of three pounds per centum per
annum for each fum of money which (hall be adually advanced
and paid, for or upon account of the faid fum of one million,
(hall amount unto, from the day of the adtual payment thereof,
until the faid twenty ninth day of September y one thoufand feven
Tobefuediin hundred and forty four; and in cafe the faid united cotftpany
cafe of failure (h^li make failure in any of the faid payments fo by this a A ap-
rocnts.^*^* pointed to be made into his Majeflky's exchequer as aforefaid, at
or before the refpe<5tive days or tin>es to be directed and appoint-
ed as aforefaid, the money whereof fuch failure in payment (hall
be made, (hall and may be recovered to his Majefty's ufe, by
a(5lion of debt, or upon the cafe, bill, fuit or information in aiv^
of his Majefty*s courts of record at IVejlminJlery wherdb no ef-
foin, protedion, privilege or wager or law (hall be allowed, or
any more than one imparlance; in which adtion^ bill, fait or ii>-
formation, it (hall be lawful to declare, that the faid united com-
pany of merchants of England trading to the Eaft Indies^ are in*
debted to his Majefty the monies of which they (hall have Ofiade
default in payment according to the form of this (latute, and have
not paid the fame, which (hall be fuificient; and in or upon fuch
adtion, bill, fuit or information, there (hall be further recovered to
bis Majefty's ufe againft the faid united company, damages after
the rate of twelve pounds per centum per annum for the monies
Damage* for j-^ unpaid contrary to this aft, befides full cofts of fuit; and the
Boapaymcut. ^^.j ^^j^^ company and their fucceflTors, and their faid ftock
and funds, (hall be and are hereby made fubje£k and liable there-
unto.

IV. And for the encouragement of the faid united companv

to advance and pay the faid fum of one million, with fucn

difcount out of the fame, as aforefaid; and to the end the faid

united company, and their fucce(rors, may have a competent

recompencc and confideration for fo doing, it is hereby enaded

by the authority aforefaid. That the provifoes contained in the

faid in part recited adt of the third year of his prefent Majetty's

reign, and all other provifoes contained in any other adt or ads

Previfoet in of parliament for determining the annuity or yearly fund of the

any aa tode- £iid united company, and the right, title and interdl of the faid

terminethc united company to the whole, fole and exclufive trade to the

ny^ anmS??" ^^ Indies^ and parts aforefaid, or either of them, upon the

xefcalcd. xefpeclive notices and payments in the fame ads mentioned, (hall

be, and are hereby repealed and made void; and that the faid

united company of merchants of England trading to the Eajl

Iwiies^ 9nd their fucceflbrs, (hall for ever have, receive and en-^

joy, not only their prefent entire annuity or yearly fund of one

hun-

^743-] Anno dedmo fcptimo Georoii II. C. 17. 193

hundred and twenty eight thourand pounds, out of the rates^

duties and revenues charged therewith, or liable to make good

the fame; but alfo that from and after the faid twenty ninth day

of September^ which (hall be in the year of our Lord one thou-

fand feven hundred and forty four, the Taid united company of

merchants of England trading to the Ea/l Ituiies^ and their luc-

ceObrs for ever, (hall inrefpedl of the faid principal fum of one

million by this ad direcfted to be advanced and paid by them,

liave, receive and enjoy a further annuity or yearly fum of thir- a jj-.- •

ty thoufand pounds, computed after the rate of three pounds annuity of

ber centum per annum \ which faid annuity or yearly fum inall be 30,0001.

zharged upon, and payable out of the faid furplus or remainder chani:cdon the

jf the monies arifen or to arife, and be paid into the receipt of ^."^"^{? ^P^'

liis Majefty'« exchequer, by the faid rates or duties on fpirituous 0^^",* *"

liquors by this a<St granted as aforeiaid; and the faid furplus or

remainder of the faid rates and duties, after the feveral annuities

before charged thereon are fatisfied, are hereby declared to be a

fund, and lecurity for anfwering and paying the faid yearly-fum

yc annuity of thirty thoufand pounds, to the faid united com-*

pany and their fucceflbrs for ever, until redemption thereof by Aiyea tore-

parliament, according to the provifo herein after contained in demption by

that behalf; and that the faid annuity or yearly fum, (hall from parliaments

dmc to time be paid quarterly, at the four moft ufual feafts or

lays of payments in the year, by even and equal portions, the

Srft payment thereof to be due and payable at the fcaft of the ;^""H']y ^^

nativity of our Lord Chrift, one thouland feven hundred and \l^f^^ ^"*^*

Forty four, and (hall be free from all taxes, charges and impofi- ^*

tions whatfoever.

V. And be it further enafted by the authority aforefaid, Conipiny^s
That fo much of the faid furplus, or remainder of the monies annuity of
iriling into the exchequer by the faid rates and duties on fpiritu- 3o>oool. to be
MIS liquors, by this aft granted as aforefaid, as. (ball be fufficient ^xchMucr ^^^
to maice up and compleat the faid annuity, or yearly fund of lyithout it e«
Jiirty thoufand pounds, to be payable to the faid united compa-
w and their fuccelTors, in refpedt of the monies which (hall be
ichially advanced by them in purfuance of this adl, (hall in the
irft place be fet apart s^nd applied, and the fame is hereby ap-
iropriated for and towards the railing and making good of the
aid annuity or yearly fund, and is hereby dire<fted. and appoint-
d to be idued and paid out of the faid receipt of exchequer, by
he refpedlive officers of the fame, without any fee or charge,
ind without any further or other warrant, to be fued for, had or
obtained from his Majefty, his heirs or fuccelTors, in that behalf;
ind (hall be applied to and for the ufes and purpofcs in and by
his a<5^ expreiled and intended, and to no other ufe, intent or
rarpofe whatfoever; any thing herein before contained to the
ontrary notwithftanding: and that the refpeclive officers in the Officer ncij-
ixchequer, who (hall make any delay in paying the faid monies l«^ing pay-
o the ufcs by this a^l intended, or (hall be guilty of diverting or J[|J"^j *^ '^*.
nifappiying any of the faid monies to any other ufe or purpofe, pay treble da-
ontrary to this a^, or ihall pav or ItTue out the fame, or any maees.

Vol. XVIII. ' O paft

194 ^^ dedmo fepdmo GeorgiI IL c. 17. [1744.

part thereof, otberwire than according to the intent of this ad,
ihall for any fwib oflFence forfeit, and be forejudged from their
refpedive offices and places, and rendred incapable to ferve hit
M ajefty, his heirs or fucceflbrs, in any office or place of tnift
or pront whadbever, and (hall anfvrer and pay treble damages,
and cofts of fuit, to be recovered by the faid united company
and their fucceilbrs, by a£Uon of debt, bill, plaint or informatioQt
in any of his Majcfty's courts of record at JVeJlminfier^ where-
in no eilbin, protedtion, privilege, wager of law, injundion, or
One third to order of reffa^int (hall be allowed or more than one imparlance;
bis Maieft]|r, one third part of which damages fo to be recovered, (hall be to
»«J^^^^"*» the ufe of his Majefty, his heirs and fuccc(ror8, and the other
S «mwuiy. ^^® ^^^"^^ P*^ thereof, with the cofts of fuit, (hall be to the
' ufe of the (aid united company and their fucce(&>rs.

VL And be it further ensufkcd by the authority afocefiud,
Deficiency of That in ca(e at the end of any one quarter of a year, to be couh
any quarterly puted from the (baft of Saint Michael the archangel, one thou-
P*y"?."J^ ^o^fand feven hundred and forty four, the (aid furplusor remainder
thSffing^^^ the monies arifen or to arife by the faid rates and duties oo
fund) fpirituous liquors by this a^ft granted, and (b as aforefaid parti-

cularly charged with and appropriated to the payment oif the
faid additional yearly fund or annuity of thirty thoufand pounds
to the faid united company, (hall not be fumcient to di(chafge
the quarter's annuity that (hall then be due to them, then and
in every fuch cafe, and as often as the fame (hall happen, fuch
<juarterly deficiencies are hereby charged upon, and (hall finom
time to time be made good out of any monies which at the re-
fp€(5tive times of fuch deficiencies (hall be and remain in the ex-
chequer, of the monies arifen, or which (hall afterwards arife by
the furplufles, excedes, and overplus monies commonly called
The Sinking Fund (except fuch monies of the fame finking fiind
as are appropriated to any particular ufe or ufes by any former
aA or adls of parliament) and fuch monies of the (aid fiokii^
fiind as (hall from time to time be nece(rary to make good fuch
deficiencies, (ball be iffiied and paid to the faid united compaogf
accordingly.
, , . VIL Provided always, and be it ena<fled by the authority a-
^^^'^"gJforeJaid, That whatever money (hall be i(rued out of the (aid
fupplies. finking fund, (hall from time to time be replaced by and out of
the fim fupplies to be then after granted in parliament.

Vni. And for the better enabling the faid united company

of merchants of England trading to the Eaft Indies^ to raife and

pay the fiiid fum of one million to his Majefty *s ufe as aforefaid;

India compa- Jt is hereby enadled by the authority aforefaid. That it (hall be

ny may bor- lawful for the faid united company under their common feal, to

^ *"?"'" borrow any fum or fums of money from time to time upon ac-

coiBOKmicaL principal monies, which at any one time (hall be owing upon the
Iccurity of the faid (eal, do not exceed one million over and
above the mc^hies which niight lawfully be borrowed thereupon,
before the making of this prefent aA.

IX. Pro-

1744*3 Abq9 d^imo feptimo GsoRoii It. cr/; tgg

IX. Provided always, and it is hereby further enaAed by the q
Huchority afbrefaid. That at any time, upon one year's notice to notm^afcer
be given by parliament, after the twenty fifth aay of Marcby 1745, hi<^a
wbi^h (hali be in the year of our Lord one thoufand feven hun- company^
d«d ;ind forty five, and not before, upon the expiration of the ^^^ ™2 ^
(aid year, and upon repayment by parliament to the (aid united ''^••■•^*
company of merchants of England trading to the Eqft Indies j or

fheir fucceflbrs, as well of the faid. fum of three million two
hundred thoufand pounds formerly advanced, as of the fiiid fum
of one million now to be advanced, amounting in the whole to
the fum of four million two hundred thoufand pounds, without
•ny deduAioD, difcount, or abatement whatfoever to be made
out of the (an^, or any part thereof; and upon payment to the
faid united company, and their fucceflbrs, of all arrears of the
fiud refpeAive aimuities or yearly funds of one hundred and
twenty right thouiand pounds, and thirty thoufand pounds,
thra^ and in fnch cafe, and not till then, the faid refpedive an-
nuities or yearly funds (hall ceafe, determine, and be no longer
paid or payable.

X. Ana in regard ii is intended that at any time er times after thi
find twenty Sftb day ef March, one thoujand /even bun/red and
fmtyfivt^ the faid capital Jink or debt ef four million two hundred
tbmt/and pounds ma^ he pasd off to the faid united company^ by any
payments not being lefs than five hundred thoufand pounds at a time^
mid that as the faid leffer payments flM be made^ the faid annuities
or yearly funis of one hundred and twenty eight theujand pounds^ and
tbtrtj thoufand pounds^ payable to the faid company^flfaUtroportionably

Snf and be abated i be it therefore enacted by the authority afore- Hot lefi than

fiud. That at any time or times upon one year's notice after the coo,oool. to

End twenty fifth day of Marchy one thouiand (even hundred and ^ P*.^ ^^

forty five, to be given by parliament, upon the expiration of ^^^ ^*°***

die fiud year, and on repayment by parliament to the faid united

Dompany of any fum of money not being lefs than five hundred

thouiand pounds, in part of the faid capital ftock or debt of

Gmv million two hundred thou(and pounds; and upon payment

of all arrears which (hall then be due on their faid annuities or

fcariy funds, or upon any part thereof, then, from and after

nch payment, (b much of the faid annuities as (hall bear pro«

portion to the monies fo paid in part, (hall ceaie, determine, and

be abated, and fo on from time to time on fuch yearly notices

30 be given by parliament, and payment from time to time of

Todi other fums in part of the faid capital ftock or debt, not left

lum five hundred thoufand pounds at'a time, and of fuch ar-

vara of their then annuities or-yearly funds, until the payment

3f the whole (hall be compleated, fo much of their (aid annuities

IT -yearly funds as (hall bear proportion to fuch refpedive fums

Mud in part, fliall firom time to time, as fuch payments art

Hade, fink and be abated, until their whole annuities or yearly

unds (hail be entirely funk and determined.

XI. And it is hicxwj further enaAed by thf authority afore- q^^.^^^ ^^
ttdj That notwithstanding fuch rcdempuon of the Cud annui- buve anex-

O 2 ties dufivc trade

t^6 Anno decimo feptimo Georgii IL c.17. [1744*

to the Eaft ties or yearly funds of one hundred and twenty eight thoufand

Indict. pounds, and thiny thoufand pounds as aforefaid, the faid united

company of merchants of England trading to the Eaft Indies^

(hall rfubjeft to the provifo of determination herein after con-

' tained) have, ufe, and enjoy, and fhall continue to have, ufe,

and enjoy the whole, fole, and exclufive trade and tra flick, and
the only liberty, ufe, and privilege of trading, trafficking, and
cxercifing the trade or bufinefs of merchandize, in, to, and from
the Eajl Indies^ and in, to, and from all the iflands, ports, ha-
vens, coafts, cities, towns, and places between the cape of Gssd
Hope and ftreights of Magellan^ and limits in the faid aft of the
hioth year of the reign of his faid late majefty King ffWiamtht
Third, or in the faid charter of the fifth day of September, in
the tenth year of his faid Majefty's reign mentioned, in as ample
and beneficial manner as the (aid company could thereby or
btherwife lawfully trade thereto; artd the (aid Eaft Indies^ or the
i(]ands, havens, coafts, ports, cities, towns, and places within
the limits aforeCaid, or any of them, (hall not from henceforth
at any time before fuch determination of the faid fole and whole
trade of the faid united company of merchants of England trad-
ing to the Eaft Indies^ as is herein after mentioned, he repaired
or failed to, vifited, frequented, or haunted by anv other the
fubjcfts of his Majefty, his heirs or fucceflbrs what(oever; and

Penalty onpri- '^ ^"y of the faid fubjeds of his Majefty, his heirs or fuccdTors,

vatc traders, of what degree or quality foever they be, other than the factors,

agents, and fervants of^the faid united company of merchants

of England trading to the Eaft Indies^ or fuch as (hall be by

' them thereunto licenfed or authorized, (hall at any time or

times hereafter, before fuch determination of the faid company's

' whole and fole trade as aforefaid, direftly or indirefty fail or go

to, vifit, haunt, frequent, traffick, trade, or adventure in, to,
or from the faid Eaji Indies^ or other the limits or parts aforc-
faid, contrary to the true meaning hereof, all and every fuch
offender and offenders fhall incur the forfeiture and lofs of all
the (hips and veflels which (hall be employed in fuch voyage,
trade, traffick, or adventure, with the guns, tackle, apparel,
and furniture thereunto belonging, and alfo all the goods laden
thereupon, or that were or ftiall be fent to, acquired, traded^
trafficked, or adventured within the faid Eajl Indies^ or parts
aforefaid, and all the proceed and effects of the fame, and
every of them, and double the value thereof; which penal-
ties and forfeitures (hall l>e fo fued for, (eized, diftributed and
diftributable, recovered and recoverable, as in and by an aft

70eo.i.c.ii.*nfiade in the feventh year of the reign of his late majefty King
George the Firft, intkuled, AnaftUr the further preventing hii
Majeflfi Jubjeifs fr$m trading to /A^ Eaft Indies under foreign com-
mjjions, and f$r encouraging and further feturing tbe lawful trade
' thereto ; and for further regulating the pilots ^ Dover, DeUyOnd the
//Tf^Thanet; is appointed, dire(5ted, and enacted, concerning
the penalties and forfeitures in that zA mentioned or referred

to.

1744-] Af¥io decimo feptimo Georgii II. & 17. 197

to, with refpeA to the faid united company or their trade to the
EaftJtuUis.

Xlh And moreover it is hereby ena<fled by the authority India compa-
kforefaid, That the faid united company of merchants of £/i^-'ny tohavethe
Md trading to the Eaji Indiis^ (hall at all times . hereafter for benefit of all
rvcr (fubjeS as aforefaid) have, hold, and enjoy, and be inti- ^^^I made in *
kd unto all and every the profits, benefits, advantages, privi-^ their tavour.
eges, franchifes, abilities, capacities, powers, authorities, rights,
emedies, methods of fuit, and all penalties and forfeitures,
nd difabilities, provifions, matters, and things whatfoever,-
vhich by any former z& or a£ts of parliament, or by any char- - %

er or charters founded thereupon, or by any claufe or claufes '^

3 the faid adts or charters contained, are enaded, given, grant*
d, provided, inflided, limited, e(labli(hed, or declared to, for,
Hiching, or concerning the faid company, or body politick and . . >•

orporate, either by the name of The general fociity^ inthled to the
wantages given by an aff of parliament for advancing a fum not
xcie^ng two millions^ for thefervice of the crown ^England, or
le (aid body politick and corporate, called by the iiame of The
iigli(h company trading to the £aft Indies, or the faid body po-
tick and corporate, now called by the name of The united com^,
ttty of merchants £/* England trading to the Eait Indies, and not;
y this aA altered, or intended to be altered, according to theandnot;dter*d
;nor and true meaning of the faid a6ts and charters, freed and ^y ^^^^ a^-
ifcharged from all provifoes and conditions of redemption and
etermination therein contained; and the (ame, and every of ' '"^ *]
lem, are hereby ratified and confirmed, and (hall continue to
e held and enjoyed, and be pradiifed, and put in execution by '
le faid united company of merchants of ^ngland^ trading to the
aft Indies^ and tbeir fuccefTors, for the better and more effecr u

lal fettling and fecuring to them and their fuccefTors, the whole,
Je, and exclufive trade to the EaJi Indies^ and parts aforefaid ;
id for the preventing all other his Majefty's fubje<5ts trading
uther, and for fecuring alfo their poilefiions, eftate, and tStAs^
id governing their affairs and bufmefs in all refpedts, as fully
id effedtually, as if the fame profits, benefits, advantazcs^'
ade, privileges, franchifes, abilities, capacities, powers, autho-
ties, rights, remedies, methods of fuit, penalties, forfeitures^
fiibUities, provifions, matters, and things, were feverally re-
sted, and at large re-enadled in the body of this adt; fubjedt
nrarthelefs to fuch reftridtions, covenants, and agreements, as
e contained in the faid adts and letters patent now in force|
id not herein or hereby varied or altered, and fubjed alfo to
c provifo following ; that is to fay,

XIII. Provided always, and it is hereby enadled by authority Provifo of re-
orefaid. That at any yme upon three years notice to be given dcmption.
' pariiament, after the twenty fifth day oiMarchy which (haD • T

\ \n the year of our Lord one thouiand feven hundred and
jhty, upon the expiration of the faid three years, and re.- ' ;

yment to the faid united company of merchants of England
iding to the Eafi Indies^ or their (ucceflbrs, of the (aid capital

O3 ftock',

i^9 Ann6 dedmo feptimo Geokoii II. c. 1 7. [1 744,

ft6ck, debt, or fum of four million two hundred thoufand

pounds, and all arrears of annuity payable in refpedt thereof,

in cafe the fame (hall not have been before re^aia, then, and

ftbtn thencrforth, and not before or fooner, the fatd right, title^

. ahd ihth-eft, of the faid united companv of merchants of i?^-

tahi trading to the Eaji Indies^ to the wtiole, fole, and excldfive

trade to the Ea/l IndieSj and parts aforefaid, (hall ceafe and de«

teritime.

Corporation XIV. Provided always, and it i^ hereby further enadedi

*o have a That nothing in the above provifo, or in any provifo in the bid

eomnionright ^ ^ jj^^ ^^^y^ -^^ ^f ^j^^ ,^jg„ ^^f ^jg f jjj j^^^ majefty Kiftg

SKTaftw ff^^Km the Third, or iii the faid charter bf the fifth day of
fheirexdoftve Siftenibir^ in the tenth year of his faid late Majefty's reign, dr in
ngbtp is d^- any other aA or charter contained, (hall extend, or be con-
lenxuncd. ftrued to extend, to determine the corporation of the faid united
company of merchants of England trading to the Eaft Indies^ of
to hinder, jprevent, or exclude, the faid united company, from
earryin| on at all times after fuch determination of the rights
fo the fole, whole, and exclu(ive trade as aforsfald, a free trade
In, to^ and fix>m the Eq/l Indies^ and parts aforefaid, #ith all
or any part of their own joint ftocl^ in trade, goods, me^rchan-
^ises, e(hte and tfkAs^ m comnion with other the (iibjeds tS
h» Majefty, bis beirs ^nd fucceflbr^j trading in^ to, or fhxn
thofe p^s,
ThcibaakeKi ^^' ^"^ ^ ^^ further cnadted by the authority afbrefaid^
notice inwrit- That any notice in writing, fi^ified by the fpeaker of the hobfe
ing to the of commoh$ for the time bemg, by order of the faid houie^
mnpxnyjfiM (hall be deemed and adjudged a due artd proper notice by par-
2^J^^* liauAent, to and for all the ends, intents, and purpofes, fbt
'^ * whidi fuch notices are direded by this a A to be given to the
faid company,

XVI. Jnd wbifias iy thi/aid aff of the Jixteenth year of his fre-

fent Majefly^ it is^ amoMji otbtr things^ enaBid^ That in cafe »ff

firfori of Urfom who jSaU havf forfeited ten pounds for fetailing

J^irituous Sfuors without licence ^ as in the faid aSf is expreffed^ JbeM

refufe or negUd to pay the faid fum of ten pounds^ the Jame heing

busily deSutndedi any one or more jufiice or juftices of the peace

inayy in fuch manner as h the faid aCi is directed ^ commit fuch per-^

fan (/r perfons to the houfe of corre€lien^ to he kept to hard khfn&ftfr

two mnthSy as in the faid all is direSfed; And whereas n dmthi has

tirifenj whether hy virtue of the faid aS^ the juftices of the peate^ by

ttnd before whom fuch per fen or perfons fo forfeiiing the faid ten

"f^mtds were tonvi^ed^ have power ty the faid aH to mittgote the

faid penalty ; and in cafe of nonpayment thereof to lexiy the fame by

ifijfrtfs and fali of the goods of fitch offender or offenders : Now to

put ah end to all doubts concerning the fame, be it declared

£^J?vcnby •"^ cnafted. That all penalties and forfeitures by the faid aA

a^f6Geo.sr impofcd, may for the niture, and from the time of the com-

c. t. concern- mencement dF the faid a6t of the fixteenth year of his faid Ma«-

in penaJtiM jefty might, and ^Ifo all the pcnahies by this aA imtioled, may

mi^^^^ bivftjlly ftjJd for, recovei^, leVied^ and mitigated by fuch

ways,

'744'] Anno dedmo iepdmo Gborgii IL c. 17. 19^

ways, metns,' and methods, as any penalty or forfeiture is or txilingrpiritu*
mav be fued for, recovered, levied, or mitigated, by any law g^Jp/^^^^*
or laws of excife. ^

XVII. Provided nevcrthdefs. That it (hall and may be law- offenden to
fill to and for any fuch juftices of the peace, before whom fuch be whipt, be«
oflender fliall be convicted, if they (hall judge it moft proper, ^^r^^^^f'
inftead of levying the penalty, to commit fuch oflFender to the ^J^ P"'
houfe of correfiion, to be kept to hard labour for two months;
and that in fuch caie, fuch perfon or perfons fo committed,
AaU, before his or their difcharge therefrom, be ftript naked
ftom the middle upwards, and be whipt, until his or her body
be bloody*

XVIlL Aftdtubeuas Jy tbi faiiaSf ^f the fixteenth jetir of his
prefiftt Mm^fty^ it was prmMy That no liance/hould ie grant ti
to wif ferfin or porfom wbatfoevtr^ for fellings f^ retail anyjpiri^
ttmts bfiurs^ excipt to ftub perfons only who /bouU keep taverns^ vie--
taaOing'bonfo^ inns, coffee-brnfeSf or ale-boufes; and any licence

e^ to any other perfons than as aforefaidy were declared void:
be it furtho* enaAed, That in any cafe where a licence ]^^*^{^"»
(hall have been granted for retuling fpirituous liquors, to any ^^{^'^^tu^
perfon who (hall, at the time of granting fuch licence, keep a ous liquors by
tavern, vidtualling-houfe, inn, Coffee-hou(e, or ale-houfe, if licence.
fnch perfon fo Kcemcd (hall afterwards, during the time of con-
tinuinff foch licence, exerdfe the trade of a £Ailler, grocer, or
chandfer, or keep a brandy (hop or (hops for £de of any fpiritu-
ous liquors, the licence granted in every fuch cafe (hall be void ;
and fuch perfons retailing fuch fpirituous liquors afterwards,
fluUl forfeit ten pounds for every fuch offence, notwithftanding
fuch licence fo .obtained as aforefaid.

XIX. And be it enadted by the authority aforefaid. That Perfons felling
fifom and after the twenty fourth day of Jnney one thoufand in left qnanti-
feren hundred and forty four, every perfon or perfons who (hall |y *^^Ji E*'
by Wm, or herfelf, or themfelves, or by his, her, or their fer- dJJ^med retail-
vmt or other perfon employed by him, her, or them, or for his, ers.

her, or their benefit, retail any (pirituous liquors mixed or un- «4 <3e<>. t.
mind with any ingredients to be drank or confumed in any ^' 4-o«
ouantity whatfoever, in his, her, or their houfes, warehoufes,
Qiops, cellars, vaults, (beds, or other places to him, her, or
them belonpng, or that (hall retail or fend the fame abroad out
tf tbcir faid houfes, warehoufes, ftorehoufes, (hops, cellars,
vaults, rooms, (heds, or other places, in lefs quantity than two
gaHons, without firft taking out a licence for that purpofe^ and
renewing the fame, as in the zA pafled in the (ixteenth year of
his prefent Majefty is particuhurly direAed,' (ball be deemed a
retailer of fpirituous liquors whhin the meaning of the fatd aft,
and as fudi (hall forfeit and lofe the fum of ten pounds for
every fuch offence.

XX. And be it further enafted bv the authority aforefaid, informer ta^
That (torn and after the twenty fourth day of Ji/w, one thou- b« paid 5 1.
(even hundred and forty four, m all cafes where the j)erfons in-
Csrring the pecunnry penalties of the faid a6t made in the fix-

O 4 teenth

200 Anno decimo feprimo G£orgii II. c. 1 8. [i 744-

teenth year of his prefent Majefty's rei|n, for laying a duty on
the retailers of fpirituous liquors, or ot this a6l, are not able to
pay the fame, but in lieu thereof are or (hall be fent to the houfe
. of corredlion, it Ihall and may be lawful for the commiflioncrs
of txcik in. England ^nd Scotland re(pc^yc\y^ to caufc fuch re-
wards, not exceeding five pounds, to be paid to the feveral and
refpedlive perfons who (hall appear to them to be intitled there-
to as informers, as to them (hall feem meet, out of any money
that (hall be in their hands, or of any officer belonging to
them, that hath arifen or (ball arife by virtue of any penalties
or forfcilurffs incurred by the faid former or by this ad ; and the
money fo paid (hall be accepted of and allowed in their account,
as fo muph' money paid to his Majefty ; and the faid commi(E-
oners are and (hall hereby be difchar^ thereof accordingly,
(licence not to XXI. And be it further enajfted. That no licence for rctail-
^'k^** V^ *h^ ^"8 fpirituous liquors (hall authori^ and impower any periba
boufc men- to whom the (ame may be grapted, to fell fuch fpirituous li-
tiooed in it. quors in any pther place^ except in fuch boufes or places there-
unto belonging, wherein he, (he, or tboy (hall inhabit and
^Yf^f at tl^^ tiin^ of p;rantipg fuch licence^

CAP. XVIII.

M aS far raifing hy annuitifs^ and a lottery^ in manner
therein mentioned^ the fum of one million eight hundred
tbouf and pounds^ at three pounds ptr centum per ann\iin,'
for the fervice of the year one thoufand feven hundred and\
forty four.

jMoft gracious Sover/ign^ .
~^E your Majefty 's mo(t dytiful and loyal fubjeiSU, the
commons of Great Britain in parliament ^(Tembled, be-
ing dcfirous to raife the nece(rary fupplies which we have cheerrr
fully glinted to your Majefty, in the eafieft manner we are able,
for the benefit of your fubjedls, have freely and voluptahly
civen and granted, and by this adt do give and gr^nt unto your
Maje(iy t]ie fum of one million eight hundred thoi^fand pounds,
to be raii^ in, fuch tnannerand form s^s is herein after dire<fted;
and to that end do moft humbly befeech your Majefty, th^t it=.
may be enabled ; and be it ena<$ed by the King's n\o{\. excellent:
majefty, by and. with the advice and confent of the lords fpiri^.
(tual and tempors^, and <:ommons, in this prefent par]iamenr
;^(rembled, and by the authoritv of the fame, That all ?nd every.
the annuities which by this af^ (hall be granted and made pay-
^,eoo,ooe1. ^ble in r^fpeA of the faid principal fum pf one million eight
CI anted to his hundred thoufand pounds, until redemption tlicreof by parlia-
Majcfty, ment in manner hcrpin after mentioned, (hall be charged and
chargeable upon, and payable out of, the furplus or remainder
pf th^ monies arifen, or which (hal} from time to time arife and
be reniajning in the receipt of his Majefty's exchequer, of or
for the rates and duties on -fpirituous liquors {{ranted by an aft
tfyiyA ofi pf parliainept jpafted in the fixteentb year of his Majefty s reisn,

w

i;r44j Anno decimo lepcimo G£0RG1I 11. c. 18. 20i

after paving or rcferv'mg fufficient to pay tlie united company t^c duties on
of merchants of England trading to the Eaji Indiesy the annuity ^^^^1^7.°"' *'"
or yearly fund becoming due from time to time quarterly to the ^
faid company, and charged upon, and made payable out of, the
lame furp^us or remainder granted to his Majei^y, in purfuance
of one other a<fl paflTed in this fefTion of parliament ; and the
faid furplus or. remainder of the faid rates and duties on fpiri-
tuous liquors are hereby made a fund, and appropriated for that
purpofe accordingly : and for or towards raifing the faid fum or
fums of money, not exceeding in the whole the faid fum of ono
million eight hundred tboufand pounds, for the purpofes afore-
faid, it is hereby further enaded by the authority aforefaid.
That it (hall and may be lawful to and for any perfon or per- 'Yhx^t per
fons, natives or foreigners, bodies politick or corporate, to coo- ctnt.annuities
tribute, advance, and pay unto the firft or chief ca(hier or to be porchaT*
ca(hiers of the governor and company of the bank of £/r^i«!rrf«dbyallper-
for the time being, at, or before the refpeflive days and times by orforJj^^w
this a(5l limited in that behalf, any fum or fums of money, not ^^ y^^ ^^ jj,
exceeding one million two hundred thou&nd pounds, in part of to the baxik.
the faid whole fum of one million eight hundred thoufand pounds,
for the abfolute purchafeof any certain annuity or annuities, to
commence from the ninth day oi Aprils one thoufand feven hun-
dred and forty four, and to be paid and payable to fuch contri-
butor or contributors, or fuch as he, (he, or they (haill nomi-
nate, his, her, or their executors, adminiftrators, fucce(rors,
and a(fi2ns re/*pedively, in manner herein after mentioned, fo as
fuch camier or ca(hiers.do firft give fecurity, to the good liking Cafliicrs to
of any three or more of the commiflioners of the treafury now give fecurity.
being, or the hfgh treafurcr, or. commilfioners of the treafury
for the time being, for duly anfwering, and paying into the re-
ceipt of his Majefty's exchequer for the publick ufe, the monies
fo to be advanced and contributed, and to account duly for the
fame ; which annuities before mentioned (hall be computed at Annuities to
the rate of three pounds per annum for every one hundred be 3I. per cent.
pojLinds, and proportionably for any greater or Ie(s fum fo to be
advanced and paid j and the purchafe-mcney for every fuch an-
nuity at the rate aforefaid, is hereby appointed to be paid unto
the faid ca(hier or calhiers as aforefaid, at or before the refpec-
tive days or times herein after lirnited ; that is fay, one fourth when the
part thereof on or before the faid ninth day of Jprily one thou- purchafetno-
fand feven hundred and forty four, one other fourth part thereof P?y (^^ **}"J*t
on or before the ninth day of 7«^ then next enfuing, one other p^^" ^^
fourth part thereof on or before the twenty eighth day of Sep-
Umber then next enfuing, and the remaining one fourth part
thereof on or before the twentieth day of December then next
following ; all which annuities fo to be purchafed, (hall be paid when the an-
and payable at two of the moft ufual feafts or days of payment nuities are to
in the year ; that is to fay. The feaft of the nativity of faint be paid.
John the B'tptijly and 0/ the birth of our Lord Chrift, or within
(fK days after every. of the faid feaft days; the firft payment
fbcreof to be co]npute4 and paid at tbc rat^ of three pounds per

mtum

202 Anno dedmo ieptimo GsoRdii n. c. i8. [1744!

antum per annum on the whole fum, to be paid by fuch contri-
bjtors, for the purchafe of any pan of the faid annaities, from
the laid ninth day of Aprils one thoufand feven hundred and
forty four, unto the feaft of the birth of our Lord Chrift, which
ihall be in the year of our Lord one thoufand feven hundred
and forty four, of within fix days after the faid feaft day; ne«
verthelefs, the faid annuities ihall be redeemable, acooraing to
the purport and true meaning of a provifo or condition, herein
Cafbiers to ^^cr contained in that behalf, and not otherwife; and the faid
cive recepts calhier and cafliiers of the faid governor and company of the
for the money bank of England for the time being, is or arc hereby authorized
paid tiicra, ^^ required, upon the advancing and paying to him or them
any fuch fum or fums of money as aferefaid, forthwith to give
a receipt in writing finned by himfelf or themfelves, for each
payment, to the contributor or payer thereof (which receipt
(hall be aflignable by indorfement thereupon maae, at any time
before the twentieth day of December^ one thoufand feven hun-
dred and forty four, and no longer) and from time to time to
and to paythe pay into the receipt of his Majefty's exchequer all the monies
money into the which he or they (hall receive of or for the faid fum, not ex-
exchequer, cceding one million two hundred thoufand pounds, as faft as
he or they (hall receive the fame, or any part thereof, or within
five days afterwards at the fartheft ; and to account for all the
monies fo to be advanced and paid to him or them in his Ma-
Ca(hier'« al- jefty's court of exchequer, according to the due courfe thereof;
acOTunti^gat '^ ''"'^^^^ account the faid cafliier or ca(hiers (hall have juft al-
. the exche- lowance of all monies which he or they (hall have allowed or
quer. paid for prompt payment, nurfuant to this ad.

Books to be ^^- And it is hereby enacted. That in the oflSce of the ac-
kept at the comptant general of the governor and company of the bank of
bank, England for the time being, there (hall be provided and kept a

book or books, in which there (hall be fiiirly entered the names
of all who (hall be contributors for fuch annuities, after the rate
of three pounds per centum fer annum as aforefaid, and of all
for publick P^rfons by whofe hands the faid Contributors (hall pay in any
perufaL of the faid fums upon this a<ft, and alfo the fums (o paid ; to

which book or books it (hall be lawful for the faid refpeftive
contributors, their executors, adminiftrators, fucce(rors, and
afllgns, from time to time, at all feafonable times, to have re-
- of the ^^^^^ *"^ ^^ infpeft the &me, without any fee or charge; and
books to be ^^^ '^'^ accomptant general for the time being fhall, on or be-
tranfmitted fore the twenty fourth day of June^ one thoufand feven hun-
into the ex- dred and forty five, tranfmit an atteftcd duplicate, fairly written
chequer. ^^ paper^ of the faid book or books into the office or the au-
ditor of the receipt of his Majefty's exchequer, there to remain
for ever.
Contributors IlL And it is hereby enacted by the authority aforefaid, That
eitatcs lubfeft all and every contributor and contributors upon this aS, duly
only to re- paying the whole confideraiion or purchafe-money at the rate
flcropnon. aforeuid, at or before the refpcaive days and times in this aft
before limited in fliat "bchilf, for -fuch annuity or annuities as

»fore&id»

a

1 744.] AnnA decimo ttp^vM Gbor6 it 11. C. i S. ^03

sfbrefiiid, 6r foeh is he, (b«, 6f they (hall appoint, his, her, cr
their refpeftive executors, adntiniftntors, faceeflbrs, and affigns,
fhall have, deceive, and enjdy, and be intitled, by virtue of this
lA, to have, receive, and enjtiy, the tefy^ivt annuity and an-
nuities fo to be purchafed out ti( the ifioAies by this aft appro-
piriited or ippdnted tbt payment thereof as afdrefaid; afid ihall
haVe godd and fnfe dlates ^d interefts thereiii for ever, fubjefl
only to the prbvifo or cbAdltidA of redemption in this act after-
utards cmitained concerning the fame; and that in the fevertl Aamiitiesfret
and refpeaSve annuities, payable in ^urfutnce df this aA, aftet ™"* ^**^-
the ran; of three pounds f^ UAtlOi pef dnnuftij and all and everv
the principal fums for ttrhieb the fame are t6 be payable, IhaU
be free from all taxes, charges, and impdCti6tls whatfbever.

IV. And it is hereby pitdvided afid enaiSed by the authdrity ThreiL Mf
afbrefiiid, That all and evet^ pe^Ibil 6r pfcrfbils vi^ho fliall be- cent, ftdowed
come interefted in, or intitfed to, ahy annuity or annuities, part "^ prompt
of the did fuAi of one rtillli6h tWb huftdred thoufand pounds^ P*^"*^'*

to be fubfcribed for in puri\u(tiee bf this irft, (hall, upon c6m-
pleating the payments 6f the whole pui^hafe-money, payable ill
refpe^ thereof, be allowed and paid by way of rebate, a pre^
mium or allowance after the rite tit tnree pbunds t& anium^ "
OQ the reQ>eaive fums they fliall become intereftM m, 6r inti-
tled onto, as aforefaid; Whieh af^ hereby direAed tb be there-
upon forthwith placed to the credit of the faid Contributors, afid
knade transferrable in the books of the bank of EfigldHd^ by thift
aft appointed to be kept fbr that purpbfe.

V. Provided alfoj That in cafe afiy fuch contributor aks afOre- If only ene of
faid, who (hall, on or before the faid ninth day oi Aprily one the four pay-
thoufafid fevefi hundred and forty four, have advanced to tKc "'^5^* .^ „
faid ca(hier or ca(hicrs one fourth p*t of his, her, or tteir pur- JL fo/fci^
chafe-money, and his, her", or their e^tecutOrs, ^dminiftrators,
fuccelS>rs, or afligns, do fiot advance and pay to the faid ca(hier

or ca(hiers, one other fourth part of his, hef , or their cOn(ider-
ation-money^ fo to be paid for fuch refpedtive afinuity Of annu-
ities as aforefaid, on or brfore the ninth day of Jufy (h^ next
cnfuing ; and one other fourth part thereof, on or before the
twenty eighth day of September then fiext enfuing ; and the m-
maining one fourth part thereof on or before the twentieth day
of December then next following ; then, and in every fuch ca(e
refpeftively, fo much of the confideration-mpney as (hall have
been adually paid in part thereof only to the faid ca(hier or
ca(hiers for -fuch refpective annuity, (hall be forfeited for the
benefit of the pubiick ; and no premium at the rate aferefiiid
(hall be payable for the faid firft payment ; any thing in this aft
containol to the contrary notwithftandine.

VI. And whereas it is intended that thejum affix hundred thou^
fond pcunds^ being the refiiue rf the fend fum of me millien eight
hundred thmfand pounds ^ a(rea^ charged iy thisaSf upon the fame
fiurplus or remainder of the fnonies arifen or to arife of or for the

Mes and ditties on fpiritums lifuors appropriated for payment there^
§fin maririet before dlreifcd and appointed, Jball be raifed by way ofn

lottery^

204 Anno dccimo fepdmo tifiORGil IL c. i^. f ^744^

Lottery annu- lottery^ for the pur chafe ofannuiiies afor the ratt of thrte p&undf
5^ to *>« per centum per annum, in manner herein after mtntienedi be it
the furpliwof ^^^^^f^^^ enadlcd by the authoritv aforefaid. That the annuities
the dudes on becoming due and payable to tne contributors to the lottery
fpirituous li- herein aner mentioned, their executors, adminiftmtors, and aU
quors. figns, at the faid rate of three pounds per centum per annum^ ia

refpeiSt of the faid principal fum of fix hundred tliou(and pounds^
in manner hereafter in this z&, expreded, until redemption
thereof by parliament, according to the provifo herein after con«
tained in that behalf, (hall be charged upon the faid furplus or
remainder, from the feaft day of the birth of our Lord Chrift
one thoufand feven hundred and forty four, and (hall from time
and paid half- ^^ ^*""^ ^^ P**^ half-yearly at the fcafts of the nativity of Saint
ycarly!r * John the Baptifl^ and the birth of our Lord Chrift, by even and
equal portions, the firft payment thereof to be due and payable
jPor the half-]^ear, ending at the feaft of the nativity of Sain^
. John the Baptifi^ one thoufand feven hundred and forty five.
Tickets to be VIL And be it further enaded by the authority aforeiaidl
10 1. each. That for or towards raifing the faid fum of fix hundred thoufand
pounds, it ihall and may be lawful for any perfon or perfons,
natives or foreigners, bodies politick or corporate, to contribute
by paying at or before the refpedHve times by this a(5t limit^
in that behalf, to any receiver or receivers to be appointed for
that purpofe, as is herein after mentioned, the fum of ten
pounds, or divers entire fi^ms of ten pounds upon this ad ; and
that every fuch contributor or adventurer, for every fuch funi
of ten pounds which he, Ihe, or they (hall fo advance, (hall be
interefted in fuch lot or (hare of and in the joint ftock of annui-
ties 'eftabli(hed by this adt, as is herein after mentioned and
appointed in that behalf; and the fame entire fums of teii
pounds each, are hereby appointed to be paid unto fuch receiver
or receivers, at fuch time or times, and in fuch proportions at
a time, as are herein after mentioned in that behalf; that is to
Times of pay. '^Y* ^^^ fourth part thereof on or before the ninth dzy of Aprif^
ing the pur- one thoufand feven hundred and forty four, one other fourth
chafe money part thereof on or before the eighth day of Jurre then next en-
f^^^^^'J fuin£, one other fourth part thereof on or bctore the tenth day of
ucKets. Jugu/l then next enfuing, and the remaining fourth part thereof

on or before the fifth day of O^ober then next following.

^ommifTionirs of the trcafury to appoint managers of the lottery. There
(hall be printed 60,000 ticke'ts, 91780 ihall be fortunate ; two of them
io,oool. four ^,eool. five i,oool. twelve i,oot»1. twenty five 500I. one
hundred and ninety nine lool. four hundred and four 50I. nine thoufand
one hundred and twenty nine «ol. which with 500I. to the firft drawn
ticket, and 1,000 1. to the lalt drawn ticket, will amount to 298,6801.
which added to 30 r, 310! payable oii the remaining 50,120 blank tickets,
at 61. each, s^oynt together to 600^000!. purchafernot paying his whole
contributi^ m^neir by the time fixed, (hall lofe what he nas paid. Tick-
eto tindifpofttd of, uiall.be delivered back into the exchequer. Guardians
of infauts may. place, their money in. the lottery. Tickets to be changed
for certificates after* the jbttei y is drawn. EXP.

Timely notice . XXIL Apd be it further enadled. That fuch of the (aid ma*
to be ^dvcrr Aag^^ a^ any.tl^ep or PQrc of tUe (pommiilioncrs of the treafury,

or

1744*1 Anno declmo feptimo Georgii IL c. 1 8. 205

or the high ti^urer for the titnc being, (hall appoint to take in tjfed, when
the fiUd tickets, and deliver out the faid certificates for and in J|jf/„^' ^"^ '"^^
lieu thereof) (hall pve timely notice by advertifcmcnt, to be certificates
printed and publilhed in manner as they (hall think fit, of the deliverea.
days and times for taking in the faid tickets, and delivering out
the laid certificates for and in lieu of the fame; and every per-
ibn's certificate (hall be numbered in courfe, according to their
bringing their tickets to the faid oflScer or officers fo to be ap-
pointed for exchanging the fame; to which purpofe fuch officer Names of per-
or officers (hall enter, or caufe to be entered into a book or books, fonscxcbang-
to be by him or them kept for that purpofe, the name of every *"S tickctt.
perfon who brings any ticket or tickets to be exchanged for fuch
certificate or certificates, and the number or numbers of the
ticket or tickets which (hall be fo brought by fuch perfon or per-
fons, the value in principal money payable thereupon, and the
day of the month, and the year of our Lord, when the famo
was fo brought; which book and books (hall lie open in the Value of the
office to be appointed for taking in the faid tickets to be ex- prizes, and
changed for fuch certificates, for all perfons concerned to perufe; the annuities
all which certificates (hall be figned by the officer or officers fo J^J^e &? w
to be appointed, or the major part of them, and be direded to be entred in a
the accomptant-general of the bank of England for the time book.
being.

XXIII. And be it further enaded by the authority aforcfaid. Annuities '
That the faid accomptant- general of the bank of England for tht made tranf-
time being, to whom the faid certificates are to be dirc6led as f^rrable.
aforefaid, (hall upon receiving and taking in the faid certificates,
or any of them, give credit to the perfons named therein in the
fame book or books, with the contributors for the purchafe of
the annuities, not exceeding one million two hundred thoufand
pounds herein before dire(£ted to be inferted in a book or books,
or in any other book or books to be by him provided and kept
for that purpofe, for the principal fums contained in every fuch
certificate; and the perfons to whofe credit fuch principanums
ffiall be entered in the faid book or books, his, her, or their
executors and adminifirators, (hall and may have power to affign
and transfer the fame, or anv.part, (hare, or proportion thereof,
to any other perfon or per(on8, bodies politick and corporate
whatfoever, in other books to be prepared and' kept by the faid
accompunt-general for that purpofe ; and the principal fums fo
affigned or transferred, (hall carry the faid annuity of three
pounds per centum per annuniy and (hall be taken and deemed to
be ftock transferrable by this a(5V, according to the powers and
authority herein after mentioned, until the redemption thereof
as aforefaid ; and the faid accomptant-general or the bank of
England for the time being, is hereby authorized and dire«3ed
to cancel and file the certificates as they (hall from time to time
be received and taken in by him, and to give the perfons bring-
ing in Aie fame a note under his hand, teftifying the principal
money for which they have credit in the faid book or books, by

rcjfon

to6 Anno dfprpo fqiBmQ QnoRQU ft: ^. 1 9, f I7*4#

rcafpn or ipe^^ of the c^i^^Me^ (q pfpetvffl^ mi^n jn, ^nd

Q^m^rlied p» aforfffii4, ?nrf flf tftp aQniwWs ^|ep4i9g fhr ftmc.

XJf J V. An4 for tH« qapr^ ^fy 9^4 fiire pjiymcpt of the ijp*

v^ral ind r^^ivf ann\iitif s, amowting in tb^ wlu^ Ito qm

99illiiHi fight hyiHlre4 tbppfaii(l pou^di, to thif ;|^ authorised

to be pgrchai^^ ^ afpr^nid ; it ia berqtif ftirtbfy miia«4 by the

Bank of Eng- Jiptbpri^y af<w^«(ai|l, Tl^t the &i4 MVerinQr ^nd company of the

land topay the y^j^^ pf ^;i^/^«^, apd their fucceflprs, OuU ffoni tim^ to time,

annmues. ^^j ^^ ^j j fevefal and refpefiiye an^uitiei;, ^fttr the rate of

thr^ povuKis pfr mtim pir armum^ Aiall be redeemed according

to this a6t» fipp9int 99^ employ 9ne fiiffident perfon wttbin their

90ice in Che f:ijty of l^mion tp be Uieir pbief or $rft caOiier or

(gQiicr^ an4 Wt ptber A)ficie»t perfpn within the fame office

Money to be t^ ^e ctK»r a^p9)^taot^gepenil & and that fo much of tb^ fiud

^^ by^tte *»W"Pl"« ^J" rwiaipdf r of the mo^ie^ from time to time arifing in-

excbcqaer. tp the jnecfupt of tb^ (i^beq^er^ for the faid rates and duties on

ipiritMoi^s liquors, by this 9^ appropriated for thi$ purpqfe (after

£^^fying the annuity charged vpoo the 6id furpjus, and made

pay^e tp the jGNd unitje^ cpmpanv of merchants of EnghU

tn^dmg to the Baft Indies as ^ferefaid) as (hall be fufllcieot from

time to time to anfwer {tb^ fvA feyorai and rerpedive annuities

ind o(hfr rayinem ^ireft^e^ to bie piid pr di<chaiiged out of the

fame, (hall, by order of the commiffioners of his Majefty'i

treafury, or any three or more of them now bcing» or the high

treafurer, or commiflioners of the treafury of his Msyefty* ^is

heirs or Tucceflbrs for the time being, without any further or other

werranit^ to be fued for, had, or obtained in that beh^, fiom

lime to time at the refpedUve half-yearly feaft days, or days of

Syment in this aA before appointed for payment thereof, be
iied and oaid at the faid receipt of exchequer tp the faid fiift
pr chief camier or ca(hiers of the faid mvemor and company of
the bank pf Englandy and their fucceflprs for the time beiog» by
way of impreft, and upon account for the payment of the faid
feveral and refpediye annuities to be purcbafed upon this ad, at
fuch times, and in fuch numner and form, as are by this aft
CaOiiert to prefcribed in th»t behi^f ; and that ail and every fuch ctOiier or
account back piOyers to whom the faid monies Aajl from time to time be
chlwucr.**" itloiti^ fcall from time to time, without delay, apply and pay
^ the £ime accordjuogly, and render his account thereof according

.to the due pourfe of the exchequer 1 any thing herein contained
to the contrary notwithftanding.

XXV. And it is hereby glfo en^ded, That the faid accompt-

ant general for the time being, (hall from time to time iidpeA

^nd exaaaine all receipts and payments of the faid cafliier or ca-

ihiers, and the vouchers reladng thereunto, in order to prevent

Annuities not ^ny frauds negligence or delay ; and that all and every perfon

Iblc^o the *"^ P^^' whatfoevcr, who (haU be intitled to any rf the faid

heir, and be feveral and refpe<5tive annuities, after the rate of three pounds

deemed per- ptr centunf per annum^ and aU perfons hwftilly claiming under

looal eilate. them, (hall be pofle(&d thereof as of a perfonal eftate, and the

iiune (hall not be defcendible to the heir, and (hall not be liable

to

I744-3 Anno dedmo feptimo Geohgii II. c. i8. 207

ta ;ioy foreign atu^choient by the cuftom of London^ or otberwifef
anylaw, ftatute or cuftom to the contrary notwithftanding.

. iUCVI. And be it further enadted by the authority aforefaid, y> nnuities a-
That all the monies to be advanced or contributed, or to which mountinc; to
any perfon or perfons (hall become intitled upon this a6t, for or j*^^^*^^^n[g^
towards the (aid fum not exceeding one million eight hundred o^ie ca^llc^^
thoufand pounds, (hall be deemed, reputed and taken to be one Hock i
capiul or joint (lock, on which the faid feveral and refpedive
annuities after the rate of three pounds per centum per annum
Aall be attending; and that all and every perfon and perfons
and oorporationa wbatfisever, io proportion, to the money by
bim^ her or them advanced, or to which they (hall become in-
titled as aforelaid apon this a^, (hall have, and be deemed to .
have a proportionable intereft and (hare in the faid (lock, and in
the annuity attending tne fame at the rate aforefaid ; and that which fiock is
the faid whole capital or joint ftock, or any (hare or intereft there- made trai^T-
10, and the proportipoal anmiity attending the fame, (hall be ^^rrable.
aiEgnable and transferrable as this a(5t diredls, and not other-
.wife; and that there (hall conftantly be kept at all feafonable
times in the office of the faid accomptant general for the tim^
bdxig» within the city of London^ a book or bopks wherein all
aflignments or transfers of the faid whole capital or joint ftock,
or any part thereof, and the proportional annuity attending the
lanne at the rate aforefaid, ftiall be entred and regiftred ; which ^^^ accomn-
entries ftiall be conceived in proper words for that purpofe, and Jo^kwD trans-
Aall be figned by the parties making fuch a(ngnments or trans- fer-books.
fiors } or if fuch parties be abfimt, by his, her or their attorney
or attornies thereunto lawfully authorized, by writing under his,
her or their hands and feals, to be attefted by two or more cre-
dible witnefles, and that the perfon or perlons to whom fuch
transfer (hall be made, do underwrite his, her or their acceptance
thereof, and that no other method of afFigning or transrerrif^g
the (aid dock, and the annuities attending the Tame, or any part
thereof^ or any intereft therein, (hall be good or available in
law.

XXVII. Provided always. That any perfon or perfons po(Ie(r- Annuities
ed of fuch (lock, with the annuity or annuities attending the "?^^^ ^^' .
fitme, or any eftate or intereft therein, may devife the fame by ^"^ '

will in wriung, attefted by two or more credible witneiles ; but

that fuch devifee (hall receive no payment thereupon, tUl fo much ^^* fli«n be

of the faid will as relates to the faid ftock or annuity be entred in "j^^^^^ '" "^

the faid office ; and in default of fuch transfer or devife, the faid

flock and annuities attending the fame, (hall go to the executors

or adminiftrators ; and that no ftamp duties whatfoever ftiaU be Transfers to

charged on the faid transfers, or any of them ; any other law or be mndewith-

ftatute to the contrary notwithftanding. o"^ ftamps.

XXVIII. Provided always, and it is hereby enabled by the au- Bank of Eng-
thority afbre(aid. That the faid governor and company of the land to con-
huAi of England^ and their fucceflbrs (notwithifanding the re- ^"^^.* ^??j"
demptkm of all or any their own funds, in purfuancc of the [hefc an-^*
aSs for eftabliftiing the faim, or any -of them) (hall continue a nuities are rew

corporation, deemed.

2o8 Anno decimo feptimo GrEOROii II. c. i8. [1744.

corporation, with all the powers, privileges and advabtagei
thereunto belonging, for the purpofes in this a6t exprefled, tiH
all the annuities to be purchafed on this ad (hall be redeemed
by parliament, according to the provifo herein after contained
in that behalf; and the faid governor and company, or any
members thereof, (hall not incur any difability for or by reafon
of their doing any matter or thing in purfuance of this ad.
No fees to be XXIX. And it is hereby enafted by the authority afore-
takcn. faid, That no fee or gratuity whatfocvcr (hall be demanded or

taken gf any of his Majefty's fubjedts for receiving or paying the
faid contribution-monies, or any of them, -or for any tallies or
other receipts concerning the fame, or for {(Tuing the monies for
paying the faid feveral annuities, or any of them ; and that no
Penalty on fee or gratuity Ihall be demanded or taken for any transfer of any
taking fccf. (^^^ gj-^at or fmall, to be made in purfuance of this a<SV, upon
pain that any officer or perfon ofFending, by taking or demand-
ing any fee or gratuity, contrary to this aft, (hall forfeit the fum
of twenty pounds to the party grieved, to be recovered with full
cofts of fuit in any of his Majefty's courts of record at fyi/t^
minfler.
CommifTion- XXX. Provided always, and it is hereby enafted by the au-
t"aTu ^^*to ^f^°"^ aforefaid. That the commiflTioners of the treafury , or any
appoint the ^^^^^ or more of them now being, or the high treafurer, or any
fiSaries for the three or more of the commi(rioners of the treafury for the time
feveral offi- being, (hall have power, and they are hereby authorised to fettle
*^*"* and appoint fuch allowances f out of the contributions to the

lottery herein before mentioned) as they (hall think juft and rea-
fonable, for the fervice, pains and labour of the receiver or re-
ceivers of the contributions to the faid lottery, for receiving and
accompting for the fanie ; as alfo for the fer\'ice, pains and la-
bour of the ca(hier or ca(hiers of the eovernor and company of
the bank of Englandy for receiving and accompting for the con-
tributions to the annuities granted by this ad ; and alfo fuch
further allowances (out of the faid furplus or remainder of the
n^onies to arife by the faid fpirituous liquors by this a6t appro-
priated) as they (liall think jud and reafonable, for receiving,
paying and accompting for the feveral and refpedtive annuities
payable in refpedt thereof; and alfo for the fervice, pains and
trouble of the accomptant-general of the faid governor and com-
pany, for performing the duty and truft incumbent on him by
. this aA ; all which allowances hereby impowered to be made as
aforefaid, in refpedt to the fervice, pains and labour of any of-
ficer or officers of the faid governor and company, (hall be for
the ufe and benefit of the (aid governor and company, and at
their difpofal only ; any thing herein contained to the contrary
notwithftandinc;.

XXXI. And it is hereby enacted by the authority aforefaid.
That if at any time or times the produce of the faid furplus or
remainder of the faid rates or duties on fpirituous liquors, (hall
happen to be fo low or deficient, as that the monies arifing
therefrom into the cjfchequer (hall not be fufficient to pay and

difchai^e

[744O Anno dccimo lepdmo GfiORGii II. c. t8. 209

lifcharge the feveral and refpedHve annuities, and other charges

lirecied to be paid thereout, at the end of either of the refpec-

ive halfi-yearly davs of payment, at which the £ime are hereby

lire&ed to be paid ; then, and fo often, and in every fuch cafe. Manner o£

uch deficiency or deficiencies (hall and may be fupplied out of paying d^^'

he overplus monies that (hall or may happen to arife ahd be cienciet . j

taid into the exchequer, in any of the fubfequent half-years,

s the fiud refpedtive annuities (hall froQ» time to time b^ome

ue and payable; and in cafe fuch overplus monies (hall not be

jfficiem to fatisfy the deficiencies hereby intended from time to

ime to be paid thereout, that then, and in evervfuch cafe, the

eficiencies fo from time to time happening, (hall from time to

ime be anfwered and made good by and out of thefirft fupplies

rhich (hall be granted in parliament next after fuch ddiciencies

lall appear; and inca(e no fuch fupplies (hall be granted with-

1 fix months next after fuch deficiencies (hall happen, then thd

une (hall be made good out of any the monies which at any

ime or times (hall be or remain in the receipt of the exche-

uer, of the furplufles, excefles or overplus monies, common-

f called tht Jinking fund (except fuch monies of the fame fink-

ig ftind as are appropriated to any particular ufe or ufes by any

ormeraA or aSs of parliament in that behalf) and fuch monies

if the faid finking fund (hall and may be from, time to time

flbed and applied accordingly.

XXXIL Provided always, and be it enaAed by the authori- Sinking fmul
y aforefaid. That whatever monies (hall be fo iflTued out of the u^*l"P"^
aid finking fund, (hall from time to time be replaced by and AmpSi^^^^'
Kit df the firft fupplies to be then after granted in parliament.

XXXIII. Provided always, and be it enaded by the aytho^ Snrplos to

ity afore(aid. That in cafe there (hall be any furplus or remain- be difpofed of
ler of the monies arifing by the faid rates or duties, after the ^X P«rll*-
aid (everal and refpedtive annuities, and all arrears thereof are °^^^*
adsiied, or money fufficient (hall be referved for that purpofe ;
iich furplus or remainder (hall firom time to time be re(eiVed
or the difpofition of parliament, and (hall not be {(Tued but by
uthority of parliament, and as (hall be directed by future adt
r ads of parliament ; any thing in any former or other ad or
As of parliament to the contrary notwithftanding.

XXXIV. Provided always, and it is hereby eiuided by the Manner of
jthority aforefaid. That at any time upon one year's notice to 'Ademption.
: printed in the London Gazitu^ and affixed upon the Royal Ex^

wmt in London^ by authority of parliament, at any of the
df-yearly feaft days fot payment of the faid refpedi ve annuities,
* either of them, and upon repayment by parliament of the
fpedive principal fums for which the faid refpe6tive annuities,
' either of them, (hall be payable to fuch refpedive perfons or
nrponitions as (hall be intitled to the fame annuities, andalfo upon
Q payment of all arrearages of the fame annuities ; then, and not
il men, the faid refpedive anovut ies (hall ceafe and determine, and
^ miderftood to be redeemed,andfromandafteriuch redemption,
e monies arifing from the faid furplus or remainder of the faid
Vol.. XVm. P rates -

no AnnodccimofeptimoGEORGiilI. C. 19—23. ti744«

rates and duties (hall not be iillied orapplied to any ufe or purpofci

but as ihall be dire6ted by future adt or a6ts of parliament ; any

thing in this or any former a£t or a£ts of pavliament to the con-

.. . trary notwithftanding ; and that any vote or refolution of the

dOTpdon.'*^" houfe of commons fignified by the fpeaker in writing, to be in-
ferted in the London Gazetti^ and alExed on the Rp^l Excbanit
in London^ its aforefaid, (hall be deemed anid adjudged to be fi^-
ficient notice within the words and meaning of this aA.

XXXV, And it is hereby enaded by the authority afore-
ikid. That if any perfon or perfons (hall at any time or times be
fued or profecuted for any thing by him or them done or exe-
cuted in purfuance of this a£fe, or of siny matter or thine; in this

Central iflue. ^^ contamed, fuch perfon or perfons (hall and may plead the ge-
neral i(rue, and eive the fpecial matter in evidence for his or their
defence; and if upon the trial a verdid (hall pa(s for the de-
fendant or defendants, or the plaintiff or plaintiffs (hall become
nonfuited, then fuch defendant or defendants (hall have treble

Trtble colb, ^^^ ^q ^1^ qj. them awarded againft fuch plaintiff or plain-
tiffs.

No dividing or letting out tickets but for the whole time. Office- keepen
publifliing fchemes for gaming with tickets not in their pofieffion, to for-
feit 500 L Half to the King, and halt to the inibrmer \ and three nx)Btbs
imprifonment. Exp.

CAP. XIX.

An a6( for continuing and enlarging the term and powers granted bf
an a6l of parliament palfed in the thirteenth year of the rdgn of his
late majefliy King George the Fir ft, for repairing the road from CraiH
ford Bridge* in the county of Middlefex* to that end of MaidenhcKi
Bridge whxh Kes in the county of Bucks.

The uB 15 Ge9, i. c. 31. ewtittuid for iijean^

CAP. XX.

An a6l for conttnnin|^ and niakin^ more effedtual an aft made in tbe
eleventh' year of his prcfent Majefty's reign, for repairing thefeveni
roads leaaing to and from the town of Dmy in the county of Derby*

TbiaS It Geo. a* c 33. tntmudfir %tjiwn^

CAP; XXI.

An'ain for laying a duty of two pennies Scots, or a fixth part of a peirty
fterling, upon every Scots pint of ale and beer which (hadl be breired
for fale, brought into, tapped, or fold within the town of Borrowftoun*
nefs, and liberties thereof, in the county of Linfithgow, for Wftm%
the harbour of the faid town.

ca'p. xxn.

An a6l: for repairing the road leading from thetndof MtddlefoA Tyat-liie
over Gather ly-Moor to Greetabridge, and from thence to Bowti hi the
north riding of the county of York.

Certain toUt graniidfir si jeart*

CAP. xxm.

An a£t for more effeftnalty repairing the road from Cherili ttbnti|{b
Calne) to Studley Bridge, and from CheriH to the Three MOc Bofoo^,
at the. top of Cherill HiU in the county of ^^Us«

Ca-teht t9lligrant$dj9r%^ years,

CAP.

I744-] A^^^ dedmo feptimo Georgii tl. c. z^^^zS^ 2 if
CAP. XXIV*

An 9& for more effeftoaHy repairing the roads from Ciolefliill lii the county
of Warwick, through the city of Litchfield, to Stone in the county of
Stafibrd» and from thence to the city of Ch^efi and for ^mfidirg ••
ther road» therem mentbned.

the aB % Geo. x. c* 5. coaiimud/or sijpmta

CAP. XXV*

An aft for repairing the road between the town of Kingftofl ujx>n HttUi
and the town prBeverley in the eaft riding of the county of York.
Cirtain toUs p'onitdfw % s yearsk

CAP. XX VL

An aft to reftify a roiftake in an aft made this feffion of patiiamenty in*
titttled. An a3 fir th€ fiiedy and tffiSual ucndting €f bis Mggefi/s UaU
fircis aad wunrhusj for toeyear oh$ thinfaxdfivm, bnndrtd and for^ four.

CAP. XX vn.

An aft for continuing an aft pailed in the thirteenth year of the reign of
his late majefty Kine George the Firft, fo far as the fame relates to the
repairing the road from' Studley Bridge to Chippenham in the county
of WiltSy and for amending the road from Chippenham to Pickwick in
the iaid county.

Part rftbeaff 13 Geo. it c 13. twtimudfor t^yeart.

CAP. XXVIIL

An aSfor explaining and amending an a£t paffed in the fixtk
year of bis prefeni Majejlfs reign^ intituled^ An ad to
recover and preferve the navigacipa of tht river Dee in
the county palatine of Cbefier\ and another aU paffed in
the fourteenth year of his prefent Majeftfs reign^ intituled^
An ad for incorporating the undertakers of the naviga-
tion of the river Dee ; and for repealing the tonnage rates
payable to the faia undertakers •, and for granting to them
other tonnage or keelage rates in Ueu thfreof\ and for other
purpofes therein mentioned.

WHEREAS by an aS $f parliament modi in tbe fsxth ye^ ^ q^^^^.^
fif his Majefiys reigny intituled; An aft to recover arid
preferve the nafigation of the river Z>f^ in the county palatine
of CbefieTf reciting , That hy an a£l of parBament made in the
eleventh and twelfth years of the reign of the late King William the
jhnrd^ intituledy An aft to enable the mayor and citizens of **^' 3«c«*f^
C^/r to tccoycr and preferve the navigation of the river Dee^
renting^ That the /aid river Dec was theretofore navigable for /hips
and veffels of a corJtderdble harden^ from the fea to the cityofCh^cti
but J bynegleif of the faid river ^ and for want of fufficient banks j
werks^ and fences on the fides thereof againft the flux and reflux of
fhijea^ the channel of the faid river was become Jo various and un*
' iett^inf that by fanfls and otherwife^ the navigation to the faid city
was abne/t loft and deftroycdy the mayor and citizens of the faid city

• P2 of

no AnnodccimofeptimoGEORGiilI. C. 19—23. t'744i

rates and duties (hall not be iillied or applied to any ufe or purpofci
but as ihall be dire(5ted by future adt or a6ts of parliament ; any
thing in this or any former a£t or zAs of pavliament to the con-

^ . . .trary notwithftanding ; and that any vote or refolution of the

Srapdon.'*^" houfe of commons fignified by the fpeaker in writing, to be in-
ferted in the London Gazette^ and alExed on the Rp^l Excbanit
in Londony its aforefaid, (hall be deemed and adjudged to be fuf-
ficient notice within the words and meaning of this aA.

XXXV. And it is hereby enadted by the authority afore-
ikid, That if any perfon or perfons (hall at any time or times be
fued or profecuted for any thing by him or them done or exe-
cuted in purfuance of this a£fe, or of siny matter or thing in this

CeneralilTue. ^^ contained, fuch perlbn or perfons (hall and may plead the ge-
neral iiTue, and dve the fpecial matter in evidence for his or their
defence; and if upon the trial a verdid (hall pa(s for thede-
fendant or defendants, or the plaintiff or plaintiffs (hall become
nonfuited, then fuch defendant or defendants (hall have treble

Trtble colU. ^^^ ^q hi^j qj. them awarded againft fuch plaintiff or plain-
tiffs.

No dividing or letting oat tickets but for the whole time. Officekeepen
publifliing fchemes for gaming with tickets not in their pofleffion, to for-
. ftlt 500 L Half to the King» and halt to the mformer \ and thr^ moBtbs
imprifonment. Exp.

CAP. XIX.

An a6( for continuing and enlarging the term and powers granted bf
an a6l of parliament palled in the thirteenth year of the rdgn of his
late majefljy King George the Fir ft, for repairing the road from Cnu>-
fdrd Bridge* in the county of Middlefex* to that end of Maidenhra^
Bridge wh:ch lies in the county of Bucks.

The uB 15 Ge9. i. r. 31. ewtinuid for iijearu

CAP. XX.

An a6l for conttniiin|^ and niakin^ more effectual an aft made in tbe
eleventh' vearot his prcfent Majefty's rrign, for repairing thefe^
roads leaaing to and from the town of Derby in the county of Derby'

Tbi a3 1 1 Geo. %% c 33. tnthaudfir %tjgan.

CAP; XXI.

An a^ for laying a duty of two pennies Scots, or a fixth part of a pentiy I
fterljng, upon every Scots pint of ale and beer which (hall be brened I
for ifale, brought into, tapped, or fold within the town of Borrowftoun-
liefs» and liberties thereof, in the county of LinfithgoWf fbr rtfticm§ •
the harbour of the faid town.

ca'p. xxn.

An a6l: for repairing the road leading from thetndof MtddkfoA Tyat-laae
over Gatfaerly-Moor to Greetabridge, and from tlience to Bowti hi the
north riding of the county of York.

Certain toUt granUdfir si jears*

CAP. XXIIL
An a£t for more elfeftualty repairing the road from CheriA ttHasnmA
Calne) to Studley Bridge, and from Cherill to the Three MOc Boroo^
at the. top of Cherill HiU in the county of Wilti.

Certeh tills grsHtidJor %$jears^

CAP.

I744-] Anno dedmo feptimo Georgii tl. c. z^^^^zS^ 2 if
CAP. XXIV*

An sk& for more effeftoaHy repaimg the roads from Ciolefliill in the county
of Warwick, through the city of Litchfield, to Stone in the county of
Statfordy and from thence to the city of Chefter, and for amending ••
thcr road» therein mentioned.

fte oQ % Geo. %. c* 5. cwiimtidfir %ijtmt$.

CAP. XXV*

An 9& for repairing the road between the town of Kingftoif upo^ Httlji
and the town orBeverley in the eaft riding of the county of York.

CirUdn toUs Ranted for 1 s yetarsk

CAP. XX VL

An aft to re^fy a miftake in an a6^ made this feffion of parliament, in-
tituled. An aafir tbe jptedy and effeSual ucndting of hu NUgefiys UaU
funis OMd wutmusj ftr tbeyear on$ tboifandfi'vm^ tmndredandfor^fmir.

CAP. XXVII.

An aA for continuing an af^ pailed in the thirteenth year of the reign of
hit late majefty Kin^ George the Firft, fo far as the fame relates to the
repairing tne road from' Stiidley Bridge to Chippenham in the county
ot WiltSy and for amending the road from Chippenham to Pickwick in
the faid county.

Part oftbioQ 13 Geo. it c. 13. tontimudfkr t^yeartm

CAP. XXVIII.

An aSfor explaining and amending an alt paffed in the fixtk
year of bis prefeni Maj,efty*s reign^ intituled^ An ad to
recover and preferve the navigatiQa of tht river Dee in
the county palatine of defter -^ and audsber aB paffed in
the fourteenth year of bis prefent Majeftfs reign^ intituled^
An ad for incorporating the undertakers of the naviga-
tion of the river Bee \ and for repealing tbe tonnage rates
pojfable to the fail undertakers ; and for granting to them
other tonnage or keelage rates in lieu tb$reof\ and for other
purpofes therein mentioned.

WHEREAS by an aa tf parliament modi in the fixtb je(/t ^q^'^^^^
pf hiVMajeflfs reifn^ intituled; An ad to recover arid
preferve tWnafigation of the river D^^ in the county palatine
of Chefler^ reciting^ That by an a^ ef parSament made in tbe
eleventh and twelfth years of the reign of tbe late King William the
yUnrdf intitidedy An aft to enable the mayor and citizens of **^' 3«c«*f^
(teller to recover and jprefcrve the navigation of the river Dee^
reatingy That the faid river Dee was theretefore navigable for Jbips
andveffelsofa corMerdble bwrdenyfrom the fea to tbe cityof.ChcAtt;

andveffelsofa corftderable bwrden^from the [ea to tbe cf/vjA.Cheftef ;
huty by neglect of the faid river ^ and for want of fufficient banksy
works y and fences on tbe fides thereof^ againfi tbe flux and reflux of
ihijea^ the ehannel of the faid river was become Jo various and un*
' eerfaihy that by fanfls and otherwife^ the navigation to tbe faid city
vsas abnofl loft and deftro^td^ the mayor and citizens of the faid city

• P2 0/

a 12 Anno dedmo fepdmo Georgii II. c. 28. [i744«

^Chefter, and thiir fuuefforSy wen impend to maie tb$ fdi
river navigable from thefea to tbefaid city ^/Chcftcr, forjbipi if
-cne hundred tonSy ar upwards ; and to enable tber/t fo to do^ cettm
duties^ in the faid a^ mentioned^ were laid upon eoalSf limej ad
limejlone^ brought to^ and unloaded within the liberties of the fad
eity^ for the term of twenty one years ; and the property ofthefands^
folly and groundy therein mentionedy was immediately from aid
after fuch time as the faid river and channel Jhould be made navigalfle
andpaffable with ana for fuch /hips and veffels to and from thefai
city ^/thcftcr, to be vefted in the faid mayor and citizenSy andthttr
fuccefforSy for ever ; and they were at liberty to defend^ inclofey ad
improve the fame y and receive the rents and profits thereofy andapplj
the fame for maintaining and repairing the intended worts and fencesy
and for makingy ereSiingy and doing fuch further and other worhy
fencesy and ihingSy from time to timcy as occafion Jhould requiroyfm
making and keeping the faid river navigable : and recitingy Tbatfi-
veral confederablefums of money had been hud out and expended pur-
fuant to the faid a6t ; but the faid river was not made navigabUy the
provifions fir making the fame navigable by the faid recited aSI being
infufficient j and that the time thereby granted for making the fame
navigable was expired: and recitingy That the fandsy foily and
groundy not bearing grafsy commonly called the Whuc Sands, from
the city ^Chcftcr to thefeay and lying between the county of Chdixr
on the north Jidcy and the county of Flint, on the fouth fidey are of
great breadth in mofl places ; and that the faid river's not being nO'
vigabky was chiefly owing to the breadth of thefaidfandsy and to the
fhifting of the channel from one fide thereof to the other y as the winds
and tide varied \ and that the Jaid fandy foily and groundy commonly
called the White Sands, were noty nor was likely to be of any ad-
vantage ^r benefit to any perfon whatfoever^ unlefs the faid river were
bounded iny and made navigable by fea wallsy banks y and fenceSy as
aforefaidy which required a very great expencey as well to ere& as to
maintain and repair from time to timCy as otcafion fhould require ; but
that yet neverthelefsy if the feud fandsy foily or ground commonly caU-
ed the White Sands, were recovered from thefea by fea wallsy banhf
and fences y as aforefaidy and the channel thereby confined to one cer^
tain eourfcy it would not only effeShialfy make the faid river n^gabUy
but that vefiing the faid White Sands in the undertakersy would be
a confiderable encouragement to the undertaking thereof: and recitingy
JJmt the making the/aid river navigable would be a means to advance
the trade of the faid cityy and that a great benefit would accrue there-
by to the inhabitants thereof y^ and -io the towns and countries adjacent
or near the faid rivery as alfo be a means to increafe the number of
feamen and watermeny and promote the publick good of this kingdom ;
Nathanie] KindcrJcy, in the faid a£l namedy his hcirs^ and ^gnSy
and fuch perfon or perfonSy as the faid Nathaniel Kindcrley, his
heirs or aJfignSy fl>ould nominate and appoint y under his or their band
and fealy wercy by the faid a ^ of the fixth year of his prefent Ma-
jefty s reigny appointed undertakers of tee faid navigationy and autho-
rized and impowered at their own cofls and charges, by themfehesy
their deputies^ agentSy officer s^ workmeny and fcrvantSy from time

to

1744*] Anno decimo feptimo GeoRgii ir. caS/ 2i|

to time, and at all timef tbirtafyer^ to make and keep tbefaid river
Dec navigable firim the tea to a certain point within the liberties of
the city of Cht&tr called Wilcox Point, infuch manner that there
fiaUd bejixteenfoot water in every part of tbefaid river at a mode^
ratefprtng tidcj for Jbips and vejfeh to come and go to and from the
(aid city I and to that end to alter j direei, and makey or eaufe to he
aberedy dire^ed^ and made^ the channel of the faid river to run
through fuch part of the faidfandy foily andgroundy commonly called
the White Sands, or the common fait marfaes thereunto adjoining^
fr through tie marjh or marjhes of John Wright effuire, commonly
called Bremen H2H Marfh, as /A/ yZnV Nathanid Kinderley, his
hehrsy afJigfiSy or nominees jbouli think fit\ and the faid Nathaniel
Kindeney, Ins beirs^ ajpgnsy or nominees had further powers grants
fdtbem by the faid a^y as therein mentioned', and as the faid l^atha-
did Kinderiey, his heirs, affigns, or nominees, would neceffbrily be at
» very con/iderable charge andexpence in making the faid river navig*
Mi, as alfo in repairing and keeping up the fame fit for fuch naviga^
Hon as aforefmd, it was by thefaidaH of the fixtb year ofhisprefent
Mgefiy ena^ed. That immediatefy from and after fuch time as the
^^ Nathaniel Kinderley, bis heirs, aligns, or nominees,Jhould make
tbefaid river Dee navigable and paJJabU with and for Jbips andvef
^eh in manner as aforefaid, all merchants, owners, and proprietors of
my goods, wares, merchandizes, or other commodities, that Jbouid
^ brought into tbefaid river and channel, and that Jbouid be loaded at,
^flipped off, or lent from the city of Chefter, or at or from any other
il^e or places woatfoever, between tbefaid city ^Chcrfer, and Park-

Kin the county ofCht^et on the north fide of the faid river, and
een the city ^Chefier and the towfi ^ Flint, in the county of
?lint, on the fouth fide of the faid river, Jbouid pay unto the faid
Nathaniel Kinderley, his heirs, or affigns, or nominees, all and
veryfucb duty, tonnage, fum andfums tf^money, as in the faid a^
\re mentioned', and, as a farther ncompeme for the expences which
be faid undertakers Jbouid be at in making the faid river navigable,
ertmnfands, marjhes, and fait grafs, and other lands therein men^
iened, were, fojoon as the laid river was made navigable, vejiedin
he food undertakers, to ana for their proper ufe, under the provifoes
ma conditions in the faid a Si mentioned', and commiJRoners were ap^
Printed by tbefaid a£t, for fettling andadjujling in the manner there^
n mentioned, all matters about which any difference or cmtroverfy
hculd arifa between tbefaid undertakers and the proprietors of any of
he land* a^oining to tbefaid river, in the manner therein mentioned ;
md the faid commiffioners were thereby impowered, in the manner
herein mentioned, to fettle and ajfefs recompence and fatisfaGion to
^madi for atn damages, that might happen to any of the lands or
yberiesm the faid aH mentioned, by reajon or means of the faid na^
ngatton : ana the faid undertakers were by tbefaid aSf directed to /«•*
fffiien thoujand pounds in South Sea annuities, or other government
eeurities, in the name of Thomas Revel, John Manley, and
Ibyamin Hoare, efftdres, and John Bland banker, to remain as
t/M ta attfwer the damages la ft mentioned, for the fpace of three

■ r3 - y^^'-f

tijf Anrto dcclmo feptiino GeoRGII \h c. 28. [1744.'.

years frafn and after fucb time as tbefaid navigation JbouJd befwltf
fompleated: and it was thereby alfo ena6iedy That in cafe the Jmi
Nathaniel Kindcrlcy, bis beirsj ajjigns^ or nomineeSy fhoiM not
begin the /aid undertaking on or before the twenty fourth day ^ June,
me thou/and feven hundred and thirty five^ and finijh tbt fame^ in
making tbefaid river navigable according to the intent and true mean^
ing of the (aid a^y on or before the twenty fourth doi of ]untj eke
ihottfand /even hundred and forty two, all and every the powers j «r-
iboritiesy rights, privileges^ and intereji of the faid Natblniel
Kinderley, his heirs, and nominees, Jhould ctafe, determine, and k
Utterly votd: and that it Jhould not be lawful for any proprietor or
undertaker or his, her, or their heirs, or any perfon or perfons cUm^
ing under them or any of them, to fell, aJjUgn, aliene, alter j or £'
Jpofe of, by any ways or means wbatfoever, his, her, or their interd
In the faid undertaking, or ofiy part or fhare thereof, to any p&jm
or perfons whatfoever, before or until fiuh time as the faid river
fhould be made navigable as af ore/aid; as in and by the faid a£l of
parliament of the fixth year of his Majtftys reign will morefvUy ap-
pear: and whereas the faid Nathaniel Kinderley Hd eefterwaris,
by an inftrutnent in writing dated the ninth day of July, one thou-
fandfiven hundre^nd thirty three, duly executed by him uhder Us
hanimdfeal, declare, that his name was made ufe of in the faid ad
of parliament, in tru/l for Thomas Watts and Richard IMbmlcf)
efquires j and flub other perfons as they Jhould appoint tobe concerned ik
tbefaid undertaking to Ynake the faid river Dec nazngable according
to the terms of the faid ail : and the faid Nathaniel Ktndeftey Jii
afienvards duly nominate certain perjons, being forty in member, ti
be the undertakers of the faid navigation: and by indenture fuadnt"
partite, made the ninth dixy ^ Aprils one thoufand fiven hundred ad
thirty four, by and between rA^/&irf Nathaniel Kiridfcrfcy, ^tk
firjlpart; the faid Thomzs Wztts and Kid^wrd Mmlty, ^tht
fecond part \ Jofcph Davis and William Parfons of London,
gentlemen, of the third part \ and ninety oth& fubjiribfrs fo tbe Jeti
indenture, or to tbefcheduk thereof, of the fourth part, d»c/ dsAf ext*
cuted by all the faid parties, it was agreed, that the faid Jiibjtrikn
Jhould raife a joint flock of forty tbouhnd pounds, in the maf^kr ehd
on the trufts therein mentioned ; which trujls were^ ammfjl ^kr
things, to lay out the ten thoufand pounds to be depo/ited as afimdH
anfwtr the damages before fpccifted', and alfo to liy out fioA fumes
Jhould be tiecejfary to recover and preferve the navigation of tie river
TOtc, infuch manner as in the faid aS is mentioned \ and the r^im
Mfany) of the faid forty thoufand pounds was to be in tro\fl for tk
Vaidjubfcribers, in proportion to thejiims by them rejjpeetwofy paid k:
*and ft ^as by tbefaid indenture further agreed. That the dsities and
tonnage by the faid a^ made payable to, and thefands^ foil, ^(rOiini,
marjbes, and fait grafs thereby yejled in rt^^/rf Nathaniel Kimter-
ley, bis heirs, qffigns^ or nominees, Jhould be and remain to emd for
the ufe and benefit of the faid fubfcribers to the faid indenture, tr to
ihefchedule thereto annexed, in proportion to thefums by them refpec-
tivefy paid and to be paid in purfuance of the faid indenture : and it
'"fvas by the faid indenture agreed. That the Jaid joint fiock of forty

tboufi '

1744*} Aqiio dedmo feptimo Georgii IL c. 28. 215

"bmfand pwnds fiotdd be divided into four hundred Jbares^ each con-

ring of we hundred pounds ; and that each of the fubfcribers JbouU
entitled to fo many of the fold Jbares as he Jhmd nave fubfcribed
md paid in one hundred pounds : and feveral provifions were by the
Hd indenture made for the management of the f aid under takingy for
"eeavering and preferving thefmd navigation^ and of the affairs re*
^atittg thereto \ as by the faid indenture may more fully appear: and
vbereas the faid undertaker s^ tie ajjigns^ or. nominees of the faid Na-
luoiel Kiaderley, between the twenty feventh day of Auguft, and •
'he ninth day #/*Noveinber, one thoufand feven oundred and thirty
fve^ did invejethefum rften thmfam poundi in thepurcbafe of nine
^honjand two hundred and ninety pound^^ old South Sea annuities^ in
^he names of tie faid Thomas Revel, Jfobo Mznky^ Benjamin
Hbarc, and John Bland, as trufUes for tie purpefes tn the faid aSl
f parliament mentioned-, and the hid Bcnjainin Hoare afterwards
^eju^ to acc^ the faid Jioci in tie South oea company's boois^ or to
9a in the faid trufl^ the faid anmuiies were^ inpurfuance of a decree of
tie Ugi court ef Chancery aiT Great Britain, made the eighteenth
iay rf February, one thoufand feyen hundred and thirty feven j
transferred into the names of the faid Thomas Revet, John Man-
kyt end John Bland, upon the fame trufis: and whereas the faid
wkrtaiers iegan the faid undertaking before the twenty fourth day
jejune, ene thmfandfbyen hundred emd thirty fivcy and laid, out the
MOMtf advanced cmdpaid in and upon the faid indenture, in making
ia jaid defofit if ten tbeufand pounds in South Sea annuities, and
^er ether tie purpofesin the faid indenture mentioned, and great pro*
\refs was thereby made in recovering the faid naviiation ; but the
iane not being per fe&ed, and it being necefjfary to raije further monies
^§r that purpofej tt was by deed-poU, bearing date tbefeventeenth day
/ Aiiguft, one thoufand feven, hundred and thirty^, agreed to ad-
wmee ten pcfr centum more on each their refheasvefabfcriptions to
the fdjA iedenture, for fie purpofes in tie laid indenture expreffed
tsnceming tbefaidforty ticufand pounds ; ana afterwards there being
f neceffity to rcife further monies for the perfeHing the faid naviga-
tien^by another deed-poll, bearing date the third day of March,
fne tbonfand feven hundred and thirty fix, it was agreed by the faid
^fcribert to the faid deed-poll, to advance twenty pounds T^centk^m
more on their refpe&ive fubfcriptions to tie faid indenture for perfe^i-
ing tie faid navigation: and whereas the fubfcribers to the faid inden-
ture, and to tie faid deeds-poU, and undertakers of the faid navigation^
having raUed and paid in forty feven thoufand eight hundred and thirty
fcmnds, tie fame was laid out tn making the faid depofit, and in cutting
Mvf making a new channel for the faid river Dee through the adjacent
marfbes, near ten miles in length \ and making a dam andfluices crofs
tbefBiddd channel of the faid river, and deepening andfcouring there-
of, and making other werbs neceffaryfor the recovering and preferving
the navigation of the faid river', and in charges necejarily attending
tie faid undertaking', and the faid river was in the month £/" April
one thoufand feven hundred and thirty feven, turned into the /aid new
channel, and hath ever fence continued to run through the fame, and
fVfr fence that time fiips and vejfels of conftderable burden nave failed

P4 and

Anno dcdmo fepdtno GeoRGII II. C. 28; [i

and navigated through thifrndnew chamul^ up to thtfcndfoin
id Wilcox Point \ and tbifaii undortakers Mng by thefaid a
refftd and impowered to make and keep thefaid river navigaUe
thefea to the faid point called Wilcox Point, in fuch manne^
there flnmld be ftftteen foot water in every part of the (aid rive
moderate fpring tide^ for Jbips and vejfels to come and go to anc
thefaid city^ feveral trials imd foundings were had and made^ t
der to af certain the height the water fhwed to at a moderate^
tide ; and thereby the fame was afcertained andfixed^ to he leve
the height oftnnifoot above the bottom fUor^ or apron of the te
Jbisce^ part of the works of navigation eredled by thefaid underti
and as a tefitmomal thereof y a pile was in the year one thoufand
feven hundred and thirty eighty drove and fixed in thefaid river
thefaid ten gatefbuce^ on which thefaid height of nine foot fro
bfttom floor or apron of thefaid tin gatefiuicoy was marked and
dnd for theflanddrd height of the water at a moderate fpring
and the fame basfince been commonly called tbeflandard : and t
as thefaid undertakers finifhed'the faid undertakings in mah
faid river navigable^ according to the intent and true meaning
faid recited a^ of thefixth year of his Maiefifs reign^ befo
twenty fifth day of March, one thoufand feven hundred and
and have fince that time been at very great charges afid expe>
preferving and keeping the fame navigable^ according to the
and true meaning of the faid a&: afid whereas the joint flock
faid undertaking having been laid out as aforefaidy and provi
fufficientfor preferving andjecuring the tuorks ofnavigation^ >
elofing and imprewng the/ands and grounds vefled by the fait
thefaid undertakers y at a general meeting of the faid undertak
the eleventh day ^December, one thoufand feven hundred at
they did agreoy tiat the feud joint flock fbeuld be increafed to^
thoufand pounds f and that application Jbould be made to pari:
incorporate thefaid undertakers : and whereas by one other a
Kament made in the fourteenth year of his Majeffs reign y
g^ J An aft for incorporating the undertakers of the nav'
^^•** • • the river Deoy it was amongfl other things enoBedy Thai
Allix, and the feveral other perfons therein namedy propri
undertaking for recovering and preferving the navigation
river Dec, and the reprefentatives of fuch of the fuhfa
faid indenture or deeds-poll as were aeady their feveral ai
fuccefforSy heirs y and afltgnSy Jbould be ereHed into one con
purpofesH^orefaidy and be incorporatedy by the name of T
pf proprietors of the undertaking for recovering an
the navigation of the river Decy and have perpetual
a common fealy and have power to do all fuch a£ls as th
nicl Kincbrley, his heirSy ajftgnsy or nomineeSy mrgh
were impoweredto doy by virtue of the faid a^oft)
bis prefent Majefty \ and to take and receive all fuch
duesy and payments whatfoevery as the ^/^Nathanie
beirsy affignSy or nomineeSy were impowered to do
and to embarky inclofcy improve^ and apply to the ufe
fany^ the white fands^ foil, andgroundy and other .

'X744*7 Aiinodedmofe{)timoGEORGliII. C.2S. 217

ihr tbi /aid aff vefted in the fmd Nathaniel Kindcrly, hii heirs^ a/"
JiffSj and nommes^ upon the terms and londitions in the /aid a^
mentioned^ in the fame manner as the /aid Nathaniel Kinderly, bis
heirs f affigns^ or nominees^ might have dme\ and to execute all the
pnjoers and authorities vejled in the faid Nathaniel Kinderly, his
heirs j' affigns^ and nominees y by the faid a6fy and in fuch manner as
the ^iJ Nsithaniel Kinderly, his heirs^ ajfigns^ or nominees^ might
bavi ixeoited the fame^ by virtue of the fMd alf^ fubjeR to the li^
nutations^ conditions^ and reftriSfions in the faid alt mentioned', as
in and if the faid alt of parliament of the fmrteenth year of bis
frefent Mcgefly will more fully appear : and whereas the tonnage
rates and duties ^ which by the faid alf of parliament of the fixth
year of bis prefent Majefiy^ are charged and made payable for aU
goods^ waresy merchandizes j and other commodities^ brought into or
loaded in the faid river j are by experience found to be too high, and
to be a difcouragement to the trade of the faid city; and the mayor
and citizens y^Chcftcr, and the merchants and traders of Chelter
have therefore requefted the faid company of proprietors of the un-
dertaking for recovering and prefervtng the navigation of the river
Dee, to confent that the fame may be repealed^ and tbat^ in lieu
thereof J other and eafer tonnage or keelage duties may be appointed to
be paid to the faid company which the faid company have confented
/#; the doing whereof will be an encouragement to trade ^ and it will
be for the common good of the faid undertakings that the faid aSts
of parliament of the fixth and fourteenth years of his prefent Ma--
jefly Jbould be explained and amended in the fever al other particulars
Jyereafter mentioned; and the faid company ^ and the mayor and citi^
ssenSj and merchants and traders of Chefter, have accordingly op"
filed for fuch an a3 to be pajfed: and whereas it is reafonabU and
Jufl^ that an alt of parliament fhouU pafs for the furpofes aforefaid;
may it therefore pleafe your moft excellent Maiefty, at the hum-
}>\c petition of the company of proprietors or the undertaking
for recovering and preierving the navigation of the river Dee^
and of the mayor and citizens, and merchants and traders of
ibe faid city of Onfter^ that it may be enadled, (ffr.

Repeal of the former rates of tonnage. New rates appointed, viz. For
every (hip or velTel coming to or gomg from Chefter, or any other 'place
between Chefter and Parkj^te, on the north fide of the river, and between
Chelter ^d Flint on the (outfa fide, to or from any part of Great Britain
or Wales between the fai(l cit)r and Saint David's Head, or Carlifle, for e-
Tery ton % d. and for every mip, &c. going to or coming from any place
between Saint David's Head and the Land's £nd,or bevond Carlifle to any
part in or on this fide the Shetlands, or to and from the ifle of Man, for
every ton 3d. and (Dr every fiiip, &c. going to or coming from Ireland,
for every ton i|.d. and for every ihip, &c. going to or coming from any

Cace up the Kmg*8 Channel, beyond the Land's End, or beyond the Sbet-
nds, tor every ton 4d. and for every (hip, &c. goine to or coming from
Norway, Denmark, Holftein, Holland, Hamburgh, Flanders, or any part
of France without the ftreights of Gibraltar, or the iflands of Jerfey or
Guemfey, for every ton Sd. and for every (hip, &c. going to or comine
from Newfoundland, Greenland, Ruflia, and within the Baltick, I^ortugal,
and Spain without the Streiehts, Canaries, Madeira^ Weftem Ifles, A-
zores, for every ton iid. and* for every (hip, &c. goin^ to ot coming from
t}ie Weft Indies^ Virginia^ or any other part 6f America, Africa, Europe, .

or

Anno decimo fepdmo Georgii II. c 2^ [174

or Afia within the Streights, Africa without th« Strngfattji or Cape
Verd ifletf for every ton it. 6d. and for every vefleU carrying goods tino
or bringing goods to Chefter, or through any part of the new channdi
order to be put on board, or difcharged from any (hip» lying at Parkga
flinty or any other place within the port of Chefter* and bSow the w
Del, for every ton id. Repeal of a rate of 6d« per ton on the checfe tnid
and «d. per ton placed in the room. Skins or wool to pay the duty
weight only. Collector may wejeh or gauge the goods. I>ut7 (han
paid before the vefTel is cleared* C^leftor may ftop the veflU ibr the du
and iell the (ame alter ten days. Duty for veflels ly<ug ui the dock aitt
Irom Q d. to 6 d. Sixteen feet altered to 1 5 feet water, for the ftandard
a moderate fpring tide. The city, and companv, to appoint two fupen
ors. Penalty on the company's not keeping the river clear accorcUng
the ftandard. Thirteen commiflBoners may make an order. SopervS
to found the river weekly, if required. Two other ftandard.|Mlea to
creded, and kept in repur. Clerk of the peace for Chetter to regifter t
fupervifors a month after nomination* Books of the foundings to be kc
by. the Aipervi/ors, for publick infpe^qn. Copies of the oooki to
lodged with, the clerk of the peace. Two ferries to be kept. Cow
nient roads to be made to and from the ferries, to be kept in repair by 1
company. Shares in the company to be deenied perfonal et^et* Pi
▼ifo for landholders. Perfons aggrieved may apply to f he great ftilK
for the county of Flint. Five paflages to be kept for watering cattle,
furvey of the maHh lands on the feuth (tde to be taken. Not to afibft re
alties of fiihing and fowling. No perfons to fix nets or takes croft i
river.

CAP. XXIX.

An ail fir make mwre efeSlual pr$vifion fcr enlightenifi^ i
fireels (tf the city of London.

'HERE AS /^ prwent tbt €$mmiiiing of murders^ roUer
hirglarUSf febmieSy and- other crimes rf a heinws nature,
tht night fiafin^ in the fbreets^ Unts^ paffages snd cmris within
city of London, and the lihtrties thenof^ ama& $f parUm
was modi and faffed in the ninth year of the reign of his pr^
Geo.i. c. 10. jifajeffyy for the hotter enlightening the Jlreets of the city of I
don : ana whereas the provifions made by the faid alt have
found defeH'tve^ and infufficient to anfwer the feveral ends and
pofes thereby intended: wherefore, and to the end the good
pofes intended by the faid a6t may be carried on, and foil
ecuted, for the lafety and prefervation of the citizens ai
habitants of the faid city, the mayor, aldermen, and con
alty of the city of London j in common covncU aflembl
moft humbly befeech yoar Majefty that it may be ena<5le(
be it enaded by the King's moft excellent majefty, by a;
the advice and confent of the lords fpiritual and tempor
commons, in this prefent parliament aiTembled, and by
, - thority of the fame. That fuch a convenient and fufiicie

impstobe ^ ^ S**'* lamps, of fuch fort and fafhion as the ms
stilcd by the dcrmcn, and commonalty of the faid city, in commo;
ourt of at- alTembled, (hall think proper and r^ qqifite, (hall be fi
crmcn and ^ time created, fixed, fet up, and lighted in fuch ?
oui^il places, within the faid city or liberties thereof, as t

mayor, aldermen, and commonalty, in common cour
bled, (hall feem meet and expedient.
II. And for defraying the yearly charges of eredUnr
9

w

1744*] AnMdeciinofq)dtnoO£Oit&nIL c.29. 219

applying, maintaining, add repairing the fame lamps; be itRateitobe
iirther enaded. That from the twenty fourth day of Jwuy one J"|^ ^"9 ^^
ihoufand feven hundred and fortv four, one or more rate or ^^,^^^*
^tes, aflfeffinent or affeffinents, mall twice in every year (or and conmon
^ftner in every year, if it (hall be thouglit needful for that pur- soancil.
pofe, by the mayor, aldermen, and commons, in common
MiuticU aflemUtd) be made, laid, and aflefled in every ward of
the city o(Liful&Hj by the alderman, deputy and common coun-
nl, or the major part of them, in each refpedive ward, of and
upon all and every the perfen or perfons who do or (hall inha-
bit, hdld, occupy, or enjoy any lands, houfes, (hops, ware-
houfes, cellars, vaults, or other tenemenu, or.anv part there-
Df, within the (aid city of Lofubn or the libertie:s thereof, who,
by the laws now in being, are liaUe to be, and from time to
time (hall be a<5hially rated towards the relief of the poor in the
pefpeAive pari{hes within the faid city of London and the liber-
ties thereof, where fuch perfon or perfons (hall refpedively live,
or be occupiers, m fuch tempeteht fum and fums of money as
the faid mayor, aldermen, and commonalty of the (aid city of
L^ttdoHy in common council aflembled, (hall, between the fir(t
day of Septifi^ and the twentieth of O^obery yearlv and every
year, order and direA, in purfuance of the power nerein after
inr^ed in thetn, fo as fuch a£feffinent or •a(feffinents to be from
time to time made by virtue or in purfuance of this a£b, do not
exceed in the whole the fum of fix pence in the pound in any Rates not to
one year of the yearly rent of the houfes, me(ruages, lands, te- exceed fix
nements, and hereditaments of or belonging to fuch perfons fp P^^^c ia the
to be aftdU, as the fatoe (hall from time to time be afcertained ^^ '
and rated by the land tax within the refpedive wards of the (aid
city of London^ ib as by fuch afleflnient or a(!effinent8 no perfon
or perfons be rated or aflefled in the whole in any one yc»r, in
rdped of any lands, tenements, or hereditaments, above the
fiifA of fifty fliillings: and the refpedtive colleflors for the time hqj. ^^ in
bdn|, for the fevcral wards within the faid city of London and any one year,
the liberties thereof, who (ball be cho(e in manner as herein af-
ter is appointed, are hereby authorized and required to colle<5ttobecone6led
quarterly of and from every perfon and perfons, who (ball be fo quarterly,
ratifid or aftiied as aforefaid, fuch rates and fCimsof nioney as
(hall be rated and aflbded as aforefiud by every fuch afleflment
er a(Ie(rments.

III. And, in order to afcertain the rates and afleflinenu to be Aldermen and
railed and levied by virtue of this ad, be it further enafied by common
the authority aforefaid. That it (hall and may be lawful to and councilman
for the aldermen of the feveral wards within the faid city of Lcn- jj^Jj^*
^, and their refpeftive deputies and common council men for books, and
tbethne being, at all feafonahle and convenient times, to call take copies,
before them the feveral coUedtors of the land tax in each ward,

and to infpedt the books of a(reflment of the land tax within
their refpedive wards in the faid city of London and the liberties
^hereof, and to take copies thereof, if they ftall think fit.

IV. And be it forther ena^ed by the authority aforefaid,

Tba?

220 Anno dccimo fcptimo GsoRGli 11. c. 29.- • [1744;

Court of lord That if the alderman, deputy, and common council men of
mayor ^^^"^ any ward in the city of London^ (hall at any time or times herc-
cmaine comV ^^^^>'' ^" ^'^Y ^"^^ '^^^ ^^ afleffinents fo as aforefaid to be made
^ntt, relat- by them, negleA or omit to rate or aflcfs any lands, tenements,
img taafleiT- or hereditaments, or the inhabitants or occupiers thereof, with-
mcnts. j„ ^Yi^^ refpedtivc wards, in proportion to the yearly rent of any

fuch lands, tenements, and hereditaments, as the lame (hall be
afoertained and fated in the land tax rate or a(ie(rment, fo as the
fame do hot exceed the faid fum of (ix pence in the pound, and
ib as by any fuch rates or afle(rment$ no perfon or perfons be
rated or a(Ie(red in the whole, in any one year, in refpeA of the
fame, above the faid fum of fifty (hillings, that then, and fo
foon as any fuch cafe (hall happen, and complaint (hall be made
thereof by any inhabitant of the faid city of London^ to the court
^f the lord mayor and aldermen of the faid city, who are here-
by impowered and required to receive fuch complaint, and from
time to time to fununoa before them and examine witneflet
thereon on oath, and with all convenient fpeed to hear and de-
termine every fuch complaint; and the matter of any fuch com-
plaint (hall, on hearing thereof, be adjudged by the faid court
16 be true, the faid court (hall thereupon from time to time order
the deficiency which (hall be occafioned in every fuch ward, by
fuch negledt or omiflion as aforefaid, to be rated and ztEsBcd in
the next year's rate or afleffinent, as (hall be made in every fuch
ward, over and befides the ordinary rate or afleflment to be made
for or in refpeAof fuch ward for fuch the faid next year, in pur-
fuance of thb zSt.

V, And whenas many houjes in ftveral of the xvards of the fdi
iffy arif by the feveral landlords or owners tbireof let out in lodg-
ings or tenements to divers tenants^ whereby it will be diffiadt to rate
and ajfefs fuch houfes^ or to recover fuch rates and affeffments when
made} for remedy whereof, be it enadcd by the autnority afore-
Houfetlctinto faid. That from and after the twenty fourth day of JuHe^ which
^nementt (^all be in the year of our Lord one thoufand feven hundred
^1mp$[* and forty four, it (hall and may be lawful to and for the alderman
of each refpeftive ward, by and with the confent of his deputy
and common council men, or the major part of them, m>m
time to time and at all times when they are diredted to make a
rate in purfuance of this adl, to rate and aflefs the owner or
owners of all fuch houfes or tenements as (hall be let to, or
occupied by three or more tenants; which rate and afieflbnent
(hall be paid by one or more of the occupiers of any part or
AJfciTmcnu to P''^ ^ ^^^ houfes : and in cafe any occupier or occupiers of
be levied bj any part of fuch houfes or tenements (hall refufe to pay the
diftrefs and fame, then the faid rate and a(reflfQent (hall be levied by diftreis
(*^* and fate of the goods of him, her, or them fo refufing to pay

the fame ; which diftrefs and (ale (hall be made in fuch manner
as otlierdi(h'efres and fales are in this z& direAed ; and luch oc-
• cupier or occupiers of fuch tenements are hereby reauired and
authorized to pay (uch fum and Turns of money as (l^l) be fo
fated or afle(&d onthe owner or owners thereof, in pufibance
. - of

'744*3 ' ^Anno dedmo fepdmo Georgii II. c. 29. 22 1

of this aft, and to deduA the fame out of the rent thereof ; and
the landlord or owner or owners thereof^ are hereby required to
allow fuch deductions and payments upon the receipt ot the re-
fiduc of their rents; and every tenant paying fuch aiTeflment ^^^^^'^^ ^
or afieflments (haU be acquitted and difchargcd for fo much mo- {^J^t iahii
ney as thefaid afleffinent or afieflments (hall amount unto, as if ^enf
the fame had been adhially paid to fuch perfon or perfons to
whom his, her, or their rent mould have been due and payable.
VI. Jnd forafmuch as it is reafonable that alt fublick buildings
(bc/fiitals ixcipiid) Jbmld be rateaand ajiffid in a dui proportion^
towards the better lighting the faid city ana liberties thereof i be it
further ena&ed by the authority aforefaid. That it (hall and may
be laHrful to and tor the alderman of the ward of CaftU Baynard^ S* to b 'af-
with the advice and confent of his deputy and common council fl^i. *
men, or the major part of them, at his and their difcretions,
and they are hereby required, when and at fuch and times as
the rates and afleffinents hereby dircAed to be made, (hall from
time to time be made, to rate and aflefs the cathedral church of
Saint Paul', and alfo for the alderman of each refpeftive ward
where fuch other publick buildings refpedtively do (land and are
fituate, by and with the advice and confent of his deputy and
common council men, or the major part of them, at his and
their difcretions, and they are herebv required in like manner to
rate and afleis all pariih churches, cnurch-yards, chapels, meet-
ing-houfes, (fo as fuch rate or alle(rment on the faid meeting-
houfes do not exceed the fum of fix pence in the pound on the
annual value,, or on the rack-rent thereof, where the (ame are
held at fuch rent) fchools, inns of court, halls, focieties, mar-
kets, warehoufes, vaults, and cellars, and all other publick
buildings whatfoever, fituate, (landing, lying, and being within
their rebedtive wards, towards the ereAing, lighting, maintain-
ing ancl repairing the faid lamps; regard being by them al-
ways had to the number of lamps which (hall be found necef-
nforthe ligbtine the fame.
II. And it is hereby further cnafted, That the dean and n^,„ ^^c • *.
chapter of the cathedral church of Saint Paul for the time be- ffi, &c?
]ng,and.all and every the refpedtive churchwardens and chapel- required to
wardens of the feveral parifh churches and chapels, and the re- pay the afleff-
fpedive head officers, mafier, wardens, prefident, principal, n**"^^*-
treafurer, and governors of all meeting houfes, publick halls,
inns of courts focieties, fchools, and the occupiers or propietors
of all other publick buildings and places, and the owners or oc-
cupiers of vaults and cellars, within the faid city and liberties
thereof refpedlively, fronting or adjoining to any of the publick
(breets, lanes, publick places and paflages of the faid city and
liberties thereof; and the farmers or occupiers of all and every
the markets within the city and liberties thereof, (hall, and they
refpeAively are hereby charged with, and required to pay their
refpedlive rates and afle(finents, which (hall from time to time
be fo rated and aflfefled upon them, or any of them, or any of
Che (ai<hrefpe£tive buildings and places, purfuant to this a£t; and

in '

223 AjQfio dedmo ieptimoGEoROii II. c. 29. {1744.

in cafe of non-payment thereof, every fuch rates and aflefloient^

(hall and may be recovered from him and them, in the man-

D^ and by the means hereafter appointed for the recovery of the

««.i. J J ^^^ ^^^ afieflhfients hereby direAed to be made.

iS^Sw V"^- P«^ovided always, and it is hereby declared. That i£

caS^fficient the faid dean and chapter of Saint Pouts (hall, at their owncofts

lights to be and charts, caufethe fence round the faid cathedral church, to

placed round \^ ^uly hghted with lamps of the fame fort, and at and for the

St* Paul's ca- ^^^^ ^*^> ^ ^ proportionable number, and from time to time

thedral, tnd' I^^^P ^^^ ^^^^ ^<^^^ '^ lighted, in the fame manner as by this

be freed from a<5t ought to be done in the other parts of Saint Pouts church*

theafleflineiit. yard (which the court of lord mayor and aldermen for the time

being are hereby impo wared to determine) that then, and fo

long as they continue to light the faid fence, as is hereby dired-

ed, no rate or afleffment ihall be laid on the laid cathedral church

by virtue of the powers hereby granted; any thing in this zSt

contained to the contrary in anjr wife notwith(landing«

Perfonsag- IX. Provided always, and it is hereby decbred. That in cafe

grieved may ^^^y p^rfon or perfons (hall think him, her, or themlelves ag-

appeai. grieved by any rate and ^SsGmttit to be made in purfuance of

this a6t. It (hall and may be lawful for him, her, and them re-

fpedively, within the fpace of twenty days after fuch rate and

aflefTment (hall be demanded, perfonally, or by notice in writing.

Appeal to be left at the premifles which the party affefled (nail occupy, to ap«

finally deter- peal to the court of lord mayor and aldermen^ who arc hereby

mined m lo impowered to hear and determine the fame, within the fpace of

^ ' ten days next after every fuch appeal (hall be fo made to them;

and their determination (hall be final and condufive; and no

fees (ball be paid on the making of fuch appeal, or on the (ame

being heard and determined.

X. Andivhireas there are feveral pieces of void ground and fpa-

cious places belonging to the faid city, lying within the famij or the

liberties thereof where no perfons are or tan be properly cbargtabU

as aforefaidj and which^ never thelefs^ ought to be well andfufficisnt'

iy lighted^ be it further enaded by the authority aforelaid. That

Void ground the chamberlain of the city of London for the time being, (hall,

and places from time to tkne, out of any money in his hands, belonging

where no m- ^^.^ fl^|j belong to the (aid city, pay fuch rates and afleflinents

beprS'Jy *^ '^^ ^^ '^^^** ^^ ^'^^^^ ^^^ ^^^ ^"^ lighting of fuch void

charged, (hall ground and places where no inhabitants are, or can be properly

be afleired on charged, according to the difcretion of the alderman, deputy,

the chamber- ^^^ major part of the common council men of each waxxl, where-

' in fuch void grounds and places are.fituate as aforefaid; regard

Chamberlain beineby them always had to the number of lamps neceffiuy for

may appeal the due lighting of the fame: and in cafe the faid chamberlain

h he thinks (hail think the faid city ag|rieved by fuch rate or afle(rment, he

the city ag. g^u ^^ ^^y^ j^ beludf of the faid city, within the ((»cb of

^^^^^ ' twenty days after fuch rate and a(r€(rment (hall be demanded,

.appeal to the court of lord mayor and aldermen as aforefaid;

whofe judgment and determination (hall be final.

XL And

I744*] Anno decimo fi^dmo GeoROli IL c. dp. 2.23

XL And to theend that the leverai rates and afleffments here-
in before mentioned may bt fully andcompleatly raifed and paid
for the purpofes aforeiaid, be it further enaAed by the authori-
tv aforelaidy That it fliall and may be lawful to and for each al- Colteaort tm '
dennan» by and with the advice and confent of his deputy and be cbofen on
common council men, or the major part of them, at each ward- ^- Thomas^
mote to be held upon or near Samt Thomases day, for the choice ^^^*
of ward officers, to return the names and places of abode of fix
or moife fubftantial inhabitants of fuch ward, out of which two
or more, at the difcretion of the alderman and his deputy and
common council men, or the major part of them, (hall bechofen
and appointed at the faid wardmote, to be colledors for one
whole year of the rates and afleflments which (hall be made in
purfuance of this a£t, from the twenty ninth day of SepUmber
then laft, to the twenty ninth day of Septtmber then next fol-
lowing; but the rates and afleflments which (hall be firft made
in purfuance of this a6t, (hall commence and be made from the
twenty fourth day of Jum^ one thoufand feven hundred and
forty rour ; and the colledlors who (hall be chofen at the feveral
wardmotes within the faid city, the firft time after the com-
mencement of this aA, (hall be coUeAors of all rates and afle(r-
ments which (hall be made in purfuance of this aA, from the
-fidd twenty fourth day of Jwie^ one thoufand feven hundred and
forty four, to the twenty ninth day of September^ which (hall be
in the year one thoufand feven hundred and forty five, indufive ;
which coUeAors for the time being are hereby authorized and
reqmred, in the lefpeAive wards for which they (hall be fo chofen
eolleAors, to colled and receive from time to time fuch rates,
aflfe(rments,and fums of money as (hall be due and payable by
virtue of this aA, of and firom all perfons liable to pay tne fame;
and all perfons who by virtue of this adt (hall be charged there-
with, or are liable thereunto, are hereby required to pay fuch
•rates or afleflments unto fuch refpedive coUoflors for the time
being accordingly; fuch coIleAors from time to time giving re-
cdpts for the trnttgratisj if thereunto required, and which they
mre hereby enjoined to do; and that every fuch coUeSor who CpU^Q^
fliall' be cbofen by virtue of this a£t, (haU, at the wardmote at within so days
wrhich he (hall be fo chofen as afbrefaid, or within the fpace of to take an
tweniv days then next enfuing, before the alderman of the ward oath, Sec.
•for wbidi he (hall be fo chofen coUcAor, or his deputy, at fuch
.time> and place as fach alderman or his deputy (hall appoint,
-tarice and fobfcribe the following oath, or folemn affirmation,
-htixkg one of the peopte called ^uakers^ for the inie and faithful
execution of the fiud office ;

I A. B. Jhfxveary That I will, actording t9 tbi biji of myfiiU and Ct>1le6bf »
h^wUdgi^ wM and truh perform and exoaui tbi office 4f a <^^
"kmp iribikr wiMn this ward.

So help tne God*

WhUtx oath or affirmation (hall be taken without any fee or re- xhe oath to

ward, be taken with-

Anno dedmo fepdmo GeoRGII II. 0.29; [17442

' or ward, and without any ftamp thereon ; and which oath or afir-
niation the alderman of every of the refpedKve wards in the dty
of Lo9^m for the time. being, or their refpeAive deputies^ are
tyon hereby impowered to adminifter, as the cue (hall require; and
.Ware- if any coUedlor chofen in purfuanoe of this aft, ihall refufe or
g to take negledt to take the faid oath, or being one of the perfons called
^tb,or ^j^ifrs^ the faid affirmation, or to take upon himfelf the faid
omce, or taking upon himfelf the laid omce, (hall ncdeA or
refuie to ferve the fame, according to the true intent and mean-
aalty. ing of this aft, he (hall forfeit and pay the fum of ten pounds^
to be applied to, and made part of the fund for providing snd
maintaining fuch lights within the faid city and liberties as afbr^-
faid, to be by the alderman or his deputy of the ward where fuch
negleft or refufal fliall happen, received and paid into the cham-
ber of London for that purpofe ; and fuch colledlor (hall conti-
nue liable to be chofen into the faid office aeain the year fol-
lowing, or at any other time ; and in cafe of his refufal, (half
be again liable to the like penalty, and fo as often as he (hall re-
fufe or negledt to take upon him the faid office, and duly execute
the fame.
. XII. And be it further ena(5ted by the authority afbre&id, ^

^1 r^ufe to ^^^^ when any perfon (hall refufe or negledt to take upon him —

take the of- the faid office, when chofen thereto, or to execute the fame, or

fice, or (hall (hall happen to depart this life, or remove out of the ward '
<*>c»<^rcraovc^hich he (hall be chofen and appointed, before he has fini(h(
ward another **** collcdtion, it (hall and may be lawful for the alderman of thi
(hallbecliofeny^ard for the time being, when the cafe (hall fo happen* witl
the advice and confent of his deputy and common council men
or the major part of them, by appointment under their hjiuJM
and feals, to nominate and appoint fome other perfon within fucte-
ward, to coUeA all fuch fum and fums of money as (hall re-
main due and unpaid of fuch rate and afleflinent as afbrefaid -7
fubjeft to the ^^^ *f ^^^^ other perfon fo appointed (hall ne^eft or refufe t^
like penalty take and fubfcribe the faid oath, or, being one of the perfons
for not taking called ^aierSy the faid affirmation, or to ferve the faid office,
t^ oath, or th^n, and in fuch cafe, fuch other perfon fo negledting or re-
^^' fiidng (hall be liable to the like penalties with thofe who neg-

lect or refufe to ferve the office when chofen at the wardmote as
aforefaid.
ProvUb. XIII. Provided always, and be it further enacted. That no-

thing in this ad (hall be conftrued to extend to oblige any per-
fon or perfons to ferve the faid office of colledlor, who by the
laws now in being are exempted from ferving any parifh or
ward office.
Colleaon to XIV. And be it further enaded. That the fevcral colicclorf
account on for the fevcral wards within the city of London^ and the liber
da^s notice ^'^* thereof, for the time being, (hall, as often as they (halLb
^* *^^' refpcdlively required, and on fevcn days notice in writing give
to or left (or them refpe6tiv«]y, at his or their ufual places
abode within the faid city or liberties thereof, by the alderm
of the refpcdlive ward wnerein fuch coUedioror collectors (It

1?

^

;t-

744-] AnnodcdmofepdmoGEOROiiII. 0.29. 225

ire, or his deputy and common council, of the major part of
lem, deliver m upon oath (or affirmation, if fuch collector be
Quaker) if thereunto required, unto every fuch alderman, or
is deputy and common council, or the major part of them, at
ich time and place as they (hall appoint within their refpcAive
ards which oath or affirmation the faid alderman or his deputy
:e hereby impowered to adminifter) a true, exadt and perfeA
rcount in writing, under the rcfpedtive hands of fuch colle<5lor
r colleAors, of all fums of money which he or they (hall have
rceived, by reafon of his or their faid office, and alfo a true lift
f the names of all perfons in their refpedtive wards, who (hall
ave negleded or refufed to pay the rates and afleinnents laid
n them, as aforefaid ; and of the feveral fums fix>m him, her Penalty on
if them refpeftivcly due and in arfear, to the intent that the collcaors re*
ime may be fpeedily got in and recovered; and if any collc<Sor ^"^"f ^® ^9'
r colledtors, aftcf fuch notice ^iven, (hall negleA or refufe to pay the^mo.
ring in his accounts as aforefaid, or to account for any fum or ney ^coiledeiL
ims of money by him or them collected and received, and to
ay the fame^ and every part thereof, as is hereby appointed^
mall and may be lawful to and for the lord mayor, or alder-^
lan of the faid ward, for the time being, to commit fuch col-
>ftor or collectors to one of the compters within the faid city^
lere to remain without bail or mainprize, until he or they (hall
ave rendered and made a true and perfeA account and pay-
lent as aforefaid, or (hall make fuch compolition as the faid
srd mayor or alderman (hall think juft and reafonable*
*XV. And be it further enadted. That if any perfon or per-Colleaormay
MIS (hall negledt or refufe to pay the fum or fums of money on levy by di-
im or them rated and aflTeflTed by virtue of this aft, for the (pace ^^^* *"** ^^*
f feven days after perfonal demand thereof, or demand in writ-
ig left at ttie place of abode or occupation within the faid ward
F fixch perfon or perfons fo rated and a(refled, that then, and in
fery fuch cafe, it (hall and may be lawful to and for fuch col-
dor or coUe^ors appointed to receive the faid rates or a(reff-
lents, by warrant under the hand and feal of the lord mayor ^|!^*"* ®^

• alderman of the faid ward (which warrant the faid lord mayor wanted by the

* alderman is hereby authorized and required to grant) by and n>rcl mayor,
ith the alliftance of a conftable of the faid ward (who is here- or alderman
r required to be aiding and affifting) to enter into any part of ^^ ^"^"^
e premifles within the faid ward, occupied by the perfon or

Tfons fo rated and aiTefled, and to diftrain his and their goods

id chattels ; and if the fame (hall not be replevied, or the mo-

es paid within feven days after fuch diftrefs made, together

ith the cofts of making fuch diftrefs, to ht afcertained by the

rd mayor for the time l>eing, or the alderman of the ward

leran any fuch diftrefs ihall be fo made, then to appraife and

l-To mucn, and fuch part thereof, as will be fufficient to pay

e-faid rate and afleffinent, together with all cofts and charges -

jcnding the faid diftrefs, returning the overplus, if any, to the

rner or owners of (uch goods and chattels: and if any alder- P«^ty 00

m of aM ward within die ftid city of L^nhn^ (hall refufe to*^f^'^""'*

Vol. XVIII. Q. prant"*"^"^'^

22$ AnnodecimofeptimoGEORGiiII. c. 29. iiJAi^

grant a war- grant fuch warrant when demanded by the colledor appointed
r»)t« to coUeA the laid rate and afleiTment, fuch dderman mall, for

every time he Ihall fo negled or refufe, forfeit and pay unto the
chamberlain of the city of Loudon for the time being, to be
applied towards the fund intended to be raided by this aA, the
money which fuch perfon or perfons is or are by the faid rate
liable to pay, to be recovered by the faid chamberlam in the court
of the lord mayor of the faid city, together with full cofts, unlds
the perfon againft whom fuch warrant (hall be demanded, (hall
by the deputy and common council of the faid ward, or the
major part of them, be allowed, certified, and returned to the
chamberlain of the faid city, as a perfon unable to pay the laid
rate or aflcflment.
Direaions, if XVI. And be it further cnafted. That if any cotleAor or
a coUeaor die collecStors (hall happen to depart this life before he or they (hall
^5^ ^\}^V^ hsv^ f""y P*i^ ^^^ fatisfied all tlie money by him or them col-
moncJ?c»l. J«^«^ by virtue of thisac^ and (hall leave a(lets fufficient to pay
le6Ud. the fame ; that then, and in everv fuch cafe, the executors or

adminiftrators of every fuch coUedor or collectors, (hall, in the
firft place, out of fuch a(rets, pay unto the chamberlain of I«)i«
don^ for the time being, all fums of money by fuch colledor or
colledors fo received, and not paid, or fo much thereof as the
faid aiTets will extend to pay, whofe receipt (hall be a eood dif-
charge for fuch money ; and every executor or adminiftrator
may, to any ^^tion or fuit commenced or brought againft him,
plead or give in evidence the payment of the fame, and (hall bi
allowed payment of the fame out of fuch aflets, prior to any
other debt or demand whatfoever \ and In cafe of nonpayment
of the fame by the fpace of ten days after the fame (hall oe de-
manded, it (hall and may be lawful to and for the chamberlain
of London for the time being, and he is hereby direAed and re-
quired, in his own name, to commence one or more a<5Kon or
aAions in the court of the lord mayor of London^ againftfuch
executors or adminiftrators for the fame.
If anycollec XVII. And to the intent that fubltantial perfons may be
torimbcKilthe chofen and appointed coUedors in each ward, be it further en-
a^ncSTa^ff- *^^^ ^^ ^^^ authority aforefaid. That in cafe any coUedor or
menrfbaU be receiver of the faid rates and afleflinents (hall imbezil, make
made. away with, detain or mifapply any fum or fums of money fin

collected by him for the utes atorelaid, fo that the £une cannot
be recovered, or (ball die pofle(red of any fum or fums of mo-
ney by him or them colle<fied by virtue of this ad, and which
fliall not be p^id by his executors or adminiftrators, that thea
and in every fuch cafe, fuch fum and fums of money (hall be
again rated and sidfeifed on the inhabitants of each ward by the
siUerman, with the confent and advice of his deputy aiul com'*
mon council mQn> or rhe major part of them, in fuch proper-
lion and manner as the rates are direded to be made by thi*
adt, and (h«ll be coUeded, levied and diflrained for^ in fiKh
manner, and under (uch penalties, as are herein provided for
the collfltSlii^g and levying the rates due and payable by this adL

I744«l Anno dedmo feptimo GfioRGii II. c. 29/ 227

' X Vni. And whenas it may happen that many perfons UabU t^^
and that may be charged and rated towards defraying the expenu of '
lighting the faid city and liberties thereof y may^ before the fums at
(hall be rated on them refpeStively Jhall be paid, quit and leave their
dwilling'houfer warehoufes, /hops, vaults j or cellarSj in the ward
where theyftHill be fo rated and ajfejfedy and remove into fome other
ward in the faid ctty or liberties thereof y and thereby endeavour to
evade the payment oj fuch rates and ajfejfinents ; be it ena(5led by
the authority aforefaid. That where any perfon or perfons, who DiftfeTf mecf
hath or have been fo rated and afleflfed, fhall quit his or their be madeitho*
dwelling-houfe, warehoufe, (hop> vault, or cellar, in the ward the peribn af-i
wherein fuch rate and afleflment has been made, before he or f^ "^^TL.
they (hall have paid the fame, and (hall afterwards refufe to pay IJJIJlJ^"^
the fame when due, and demanded by the colledor authorized
and appointed to collect, and receive the fame, that then and in
every fuch cafe, it (hall and may be lawful to and for the faid
colledtor or receiver, and every or any of them, by warrant ob-
tained under the hand and feal of the lord mayor of the faid
city for the time being, or of the alderman of the ward where
fuch rate and afie(rment (hall have been made (which warrant;
the faid lord mayor or alderman is hereby authorized'and re-
quired to grant) m any place within the faid city and liberties^
to take and didrain the goods and chattels of luch perfon or
perfons fo neglefline or refu(ing, and the fame to fell, render-
ing the overplus, if any fuch (hall be, after having deduAed
the reafonable charges of fuch diftrefs, to the owner of fuch
Eoods and chattels, demanding the fame ; to be afcertained in
Oke manner as the cofts and charges of other diftrefles are here-
in before provided and directed to be afcertained.

XIX, And be it further enadted by the authority aforefaid. Penalty on
That every colleflor of the rates and afle(rments aforefaid (hall «>^ifi?o«'*f
pay the money into the chamber of the city of London as he a^.^ijf hw ^*
(hall receive the fame, in fuch manner that luch coUedor (hall hands,
never have a fum exceeding twenty pounds fo coUe&ed at one
time in his hands, by the fpace of ten days, provided the cham-
ber of London be open to receive the fame; and if fuch colledlor
(hall keep and retain in his hands more than the faid fum of
twenty pounds longer than ten days, he (hall forfeit th^ fum of
Bve pounds for every fuch offence ; to be recovered and levied
in fuch manner as the penalties infiided by this aA are herein
after direAed to be recovered and levied ; and on. payment of Colle6br to
every fuch fum of money into the chamber of the faid city, fuch f^^chJ^TO^^
eolto^or (hall take a receipt for the fame from the faid cham- berlain'sclerk,
berlain, or one of his clerks ; in which receipt (hall be fpeciSed on his paying
and expre(red the name of fuch colledor, the fum paid, and money,
the name of the ward wherein the money hath been coUedled ;
and the chamberlain of the faid city of London for the time be-
ing* or fuch of his clerks as (hall be appointed by him for that
purpofe, (hall be obligc»i, and he or they is and are hereby re-
quired to give fuch receipt without fee or reward ; and fuch re-
ceiptf (hall by the colle^or be produced to the alderman of the

^2 ward,

ait Anno dedmo feptimo Georgii IL c. 29. [1744.

tobctcceptedward, or his deputy, at the time he (hall fettle and adjuft bis
by the alder- yearly account; and (hall by the faid alderman or his deputy,
SlI!ie"of the "^ ^^^^^ ^^ allowed as a full and fufficient difchargc for all and
call^or. every fum and fums of money fuch coUedtor or receiver .fliall
have received and paid into the chamber of the city of London^
XX. And to the end that the payments of the faid rates and
afleflinents, and re-afleflments, for the purpofes aforefaid, may
the more efFedually be enforced ; be it further enaded by the
A freeman authority aforefaid, That every freeman o^Londorij liable topay the
"h* r*^*"* ^® faid rates, afleflTments, orre-affeffments, who (hall have neglcded
ftall be mca ^"^ refufed to pay the faid rates, aflcflments or re-afleflfments, orahy
pabie to vote, part thereof, to the perfon or perfons authorized and impowered to
colled and receive the fame, after demand made thereof of any fuch
freeman perfonally, or if any fuch freeman cannot be met with
to demand the fame perfonally of, then, by the fpace of three
days after a notice in writing, demanding the fame, (hall be
left by the colleAor of the ward wherein fuch freeman (hall live,
or be an occupier, at the ufual place of abode or occupation of
fuch freeman within fuch ward ; or (hall defire to be excufed,
and accordingly (hall have been excufed firom paying fuch rates,
a(ie(rments, and re-aire(rment$, (hall be under the fame ina-
pacity of voting at eledHons within the faid city of London as
any perfon or perfons now is or are, who do not pav their fcot
or lot to the feveral yearly rates and aiTelTments, to which thecit-
zens oi London ztt at this time, or (hall hereafter become liable.
Alderman and XXI. And be it enacted by the authority aforefaid. That the
^^uncil'to aWcrman for the time being m each refpe<ftive ward in the (aid
contnla ibr ^*^ oi London ^ by and with the advice and confent of his deputy
the lamnt, and common council meti, or the major part of them, for the
and their «c- time being, (hall and may yearly and every year, between the
celTary attend- ^^e^ty fourth day of June and the twenty fourth day of Dt-
*"^* comber, contradl and agree with any perfon or perfons, for the

number of lamps neceUary to be ere<^ed and fet up in their re-
fpedtive wards within the faid city, either on pofts or irons, as
they (hall think beft to order, and (hall be moft cfFeaual for the
purpofes hereby intended, and for ereding and fetting up the fame
refpedively ; and for the lighting, trimming, fnuffing, deanfing,
fupplying, maintaining, and repairing fuch number of lamps as
the alderman, deputy, and common council, or the major part
of them, in each refpeflive ward, (hall from time to time deem
requi(ite for enlightening the city and liberties thereof, upon
the beft terms they can, fo that no fuch contra(5t be made for
a greater number of lamps in any ward than (halt be direAcd
to be fet up by the mayor, aldermen, and commons in com-
mon council aflembled.
Contraa for XXII. Provided neverthelefs. That fuch contract be made
one year only, for the foace t^f one whole year, and no longer, at one time.
Lord mayor, XXIII. Provided always, That no alderman, deputy, or
&c. to fettle common council man, in any ward within the faid city, (ball
the price (or contrad for or agree to give any greater or larger fum or money
himps ^'^^ for the annual lighting, cleanfing, and (hu(fing any lamp witiin

any

17440 Anno declmo feptimo Georgii IL €.29^ lay

my wardy than what (hall be direaed and appointed to be paid
by the lord mayor, aldermen, and commons of the city of Lmi-
Uh^ in common council aflembled; and that all contradls made
br any greater or larger fum, (hall be, and the fame are hereby
ledared to be null and void to all intents and purpofes what-
bever, and the chamberlain is hereby direAed not to pay any
iraughts, fum or fums of money, in difcharge of fuch contraa
Mr contrads.

XXIV. Provided always, and it is further enadcd by the ko aldermaa,
iQthority aforefaid. That no. alderman, deputy, or common &c. to be ooa-
X)uncil man, during his continuance in fuch office, or any per- ^"Jjii*!?"!'^
on or perlbns in truft for him, them, or any of them, (hall be Ji^hJjJ^^e
xmcerned or interefted in any contract or otherwife, for light- cuy.
ng the faid city, or any part thereof, or for providing and'fix-
ng any of the faid lamps, pofts, or irons, or other materials
leceflEirv thereto.

XXv • And be it further enaded by the authority aforefaid. Chamberlain
Phat the chamberiain of the faid city of LMdon tor the time ^ P«y.*ll
wng, (hall and may, and he is hereby authorized and required, y*J^ j^^
nit of the monies coUeAed and paid into the chamber of the d^Kan^ of
aid citjr, purfuant to this a6t, to pay all fums of money drawn contrafts.
qpon him, or ordered to be paid by the alderman, his deputy,
nd common council men, or the major part of them, ofeach
efpedtive ward within the faid city oi I^nd9n^ in difcharge of
be contraAs, which fuch alderman, with the confent of his
leputy and common council, or the major part of them, (hall
It may enter into, for the providing, ereAin|, lighting, trim*
ning, fnuffing, deanfing, fupplving, maintaining, and repair-
ng the lamps within each and (ingular the wards of the faid
ity ; and the faid chamberlain of the (aid city for the time be-
ng, (hall, from time to time, in the firft place, anfwer and pay •
he draughts made on him by the aldermen, their deputies, and
xmimon council men, or the major part of them, of fuch
rards in the (aid city, as at the refpeAive dates of fuch draughts
hall have paid into the chamber of the faid city the afleflTments
nade on (uch refpeAive wards ; and if after the payment of
iich draughts any overplus of fuch a(re(rment$ fo paid into the
hamber (nail remain, the fame (hall from time to time be car-
ied to the aid of fuch wards in the faid city, as are not able to
ai(e fufficient to defray the charges of their own lamps, in j>ro-
KNtion to the money each ward (hall fall (hort and be deficient
a the colleAing ot their refpeAive rates and adeflbaents, and
o the money fuch ward doth now owe to aiiy perfon or penons
or ereAing, fixing, lighting, deanfing, fnuffing, repairing, and
imendine; the lamps contraAed for in the faid ward;

XXVI. And be it further ena Aed by the authority afonefaid, ChamberUia
rhat the faid chamberlain for the time being (hall, and he is to enter all
lereby required to keep regular and clear entries, In a book to II^^j!"
le (or that purpofe by him provided, of all and fingular the re- *^^ ^^
seipCsand paymenta ne fluul make, on the account of lighting tobeinff>efled
b^ fiad dty as aforefiud i to which book every dtizen ofUnJUn ^^^^

Q^ (hall

2^0 Anno decirhio fq>timo Georgii IT. c. 29. [1744*

ihall and may have free accefs, at all convenient times, and (hall
be permitted to infpeA the fame without fee or reward; and
alfo that the chamberlain for the time being (hall have the faid
account audited and paffed in the fame manner, and by the
fame perfons who are now appointed or (hall be appointed to
audite the accounts of the chamberlain of the faid city of
London.

XXVII. And to prevent any lofs or damage that may hap-
pen by the lofs or imbezilment of any rate or a(re(rment to be

A diu^Iicite made purfuant to this aft, be it further enafted. That when
of alrmfiell^ and fo foon as any a(reflment (hall be made as aforefaid, or
leftwith t^ v^ithin ten days, a duplicate thereof, figned and fubfcribed by
l^mb^lain. ^^^ fcveral perfons who (igned and fubfcribed the faid rate or
aflcflment, (hall, by the bedel of every ward, be carried to and
left with the chamberlain of the city of London ; and in default
thereof, the chamberlain (hall not pay anv money which (hall
be drawn on him by the alderman or his aeputy, and common
council, or the major part of them, of the faid ward wherein
foch duplicate (hall not be delivered and left with him as afore-
faid, without the fpecial order of the court of lord mayor and
aldermen of the faid city, authorizing and dire<5Ung him to pay
the fame.

XXVIII. Andforafinmh as thefums of money that have arifen bj
the rates and ajfejfments made tnpurfuance of the faid a£t^ have been
found tnfufficient to anfwer the purpofes thereby intendedy and confi''
derablejums of money remain due and unfatisfied\ be it further en-
9£ted by the authority aforefaid. That the chamberlain of Z^ir-
don for the time being, be impowered, and he is hereby autho-

ply'd to pay- ^ _ _

mg the debts on him by the aldermen of the feveral wards, for the payment
rcmiining on of their rejpeftive contrads heretofore made for lighting, trim-
^ wm^r ming, fnuffing, qleanfing, fupplying, maintaining, andrepair-
*^' ing the number of lamps neceftary for their refpeAive wards,

according to the tenor of the faid former aft.

XXIX. And whereas feveral evil-difpofed perfons have broken^
and may wilfully and malicioujly break and deflroy the lamps hung iul
in the fireets of this city\ now to prevent the like malicious
praftice§ for the future, be it further enafted by the authority
Penalty for aforefaid. That if any perfon or perfons (hall, from and after
wilfully the twenty fifth day of A&y, one thoufand feven hundred and

Umps ^^ ^P'^y ^^"^' wilfully or malicioufly break, throw down, or ex-
* ^ ' tinguifh, any lamp that now is, or (hall be hung out, or fet

up to light the fireets, or wilfully damage the pofis, irons, or
other furniture thereof, every perfon fo offending therein, and
being thereof convicted \>y the oath of one or more witnefs or
witnefTes, before any one or more of his Majefty's jufiices of the
peace for the city of London^ fliall, for the firft offence forfeit
the fum of forty (hillings for each lamp fo broken, thrown
down, extingui(hcd, or otherwife damaged^ and for the fecond

o^en(^

1744*} Anno decimo feptimo GEOftoii 11. 0.29. 9^1

offence the fum of fifty flullings, and for the third offence the
Aim of three pounds, to be recovered and levied in fuch man-
ner 38 in this adl is mentioned.

XXX. And whereas it is impoffible to afcertain the exaSf expence
which may accrue to the faid city ^London, in providing, f^ppfy-
ing^ and maintaining jfuch lights as a/orejaid, as well from the alter^
aticH in the price of oil j and other materials, as from other unfore^
fan accidents and cafualties which min happen ; be it therefore fur- The deideiu
ther enadled. That in cafe there (hall be any deficiency in any cy of ooe year
of the afifei&nents tp be made as aforefaid, by lands, houfes, ^^^ ^ ^vii-
fliops, warehoufes, or buildinn being empty, or the infolvency ^^^^ *• **
or removal of any of the inhabitants, tenants, occupiers, or
otherwife, tor which or upon whom the faid rates (hall be re-
foeAivdy charged, fo that the charges of enlightening the faid
(beets and other places cannot be fully fatisfied, paid, and dif-
charged in that year, then, and in fuch cafe, the deficiency fo
happening (halt be carried to the next fucceeding year's rate ot
rates, and (hall be made good thereout; and if, at the expira-.
tion of feven years, it (hall be found that any futplus (hall have uw ^i, r
irifen from the money colledled by virtue of this ad, over and pi^^ ihaii bJ
above what fhall have been ifiued and applied in purfuance apply*d (if
hereof, fiich furplus money (hall remain in the chamber of the any) at the
laid city of Lendony to be applied either in aid of the orphans «ndof 7yeari.
Fund, or in abatement or diminution of future races and ^tktCr
ments, or to be otherwife difpofed of, to and for the ufe and
benefit of the citizens of London, as they, by any ad of com-
mon council, (hall direft and appoint.

XXXI. And it is hereby further enabled. That the mayor. The mayor*
aldermen, and commons, m common council aflembled, (hall, &c. at a year-
and they arc hereby impowered and required, at a court of JX {?^^"^».
mnmon council, to be held yearly and every year, between the Srcffmoitt
Srft day of September and the twentieth day of O^ober, to order

and direct what rates and a(Ie(rments (hall be made on the in-
babitants for the purpofes aforefaid, not exceeding the rates and
ifieflments hereby dire<5led to be rated and afiefied. .

XXXII. And be it further ena£ted by the authority aforefaid, Penalty on the
Fhat if any collector (hall negled or refufe to bring in his ac- collefton nor
»unt to the alderman of the ward, or his deputy, as often as accouating.
lemanded, he (hall forfeit the fum of ten pounds, and in the

like manner the fum of five pounds for every twenty days he
(hall detain the faid account, to be levied and recovered by fuch'
irays and means as herein after in this a£t are provided.

XXXIII. And to prevent, as much as may be, any deficiency Colleaor to
lappening in the colledHng the rates and afiefifments aforefaid; apply to the
yt it further ena<ftcd. That the coIlecSor or colleftors of every Jprd mayor
nefpedive rate and a(re(rment made in purfuance of this aft, (hall, ^^dTftlSk^^f
md he and they are hereby required, in cafes of refiifal or non- theafleiTmenta
layment of the refpedive rates, a(re(Iinents, and re-afie(rments are not paid
iforefaid, within thirty days after the refpeflive rates, aflTefTments, withinjoOayt,
md re-a(re(rments, mall become due, to apply to the lord

nayor for the time being, or to the alderman of the refpedtive

0^4 ward

z^z Anno decimo fepdmoGEORGii IL c. 29. [t744.

ward where fuch refufal or nonpayment (hall happen, for a
warrant to diftrain for the fsud rate» afleflment, and re-aftfT-
ment, and (hall take care to execute, or cauGc the fame to be
duly executed, under the penalty of five pounds for every omif-
fion ; to be levied and recovered in fuch manner as the other
penalties inflidted by this adt are directed to be levied and re-
covered.
The lord XXXIV. And be it further enaftcd by the authority aforcfaid,

inayor, or any fhat it (hall and may be lawful to and for the lord mxpr for

KSrwidde. *^ **°^® *^'"£> ^^ *"y ^"^ ^^ ^^^^ ^ **" Majeft/s juffices of
termine of-* the peace for the city of London for the time being, to hear and
fences. determine any of the offences which are made (ubjeA to, and

}>uni(hable by, any penalty direAed to be levied by this ad ; and
uch juftice or juftices of the peace arc hereby authorized and
required, upon any informations exhibited, or complaint made
in that behalf, within ten days after fuch offence committed, to
fummon the party or parties accufed, and the witnefies on dther
fide, and after oath, or affirmation made by any of the perfons
called ^uakers^ of the commiffion of any of the H&s above
mentioned, by one or more credible witnefs or witnefle^, to
iflfue a warrant or warrants for apprehending the party offending
in the faid city of London \ and upon the appearance, or con-
tempt of the party accufed in not appearing, upon the proof of
notice given, to proceed to the examination of the witnefs or
witnefles, upon oath or affirmation as aforefsud (which oath or
affirmation liich juftice or juftices are here authorized, impow*?
cred, and required to admini(^er) to ^ve fuch judgment, fen-
fence, or determination, as (hall be juft, and comormable to
the tenor and true meanine of this aA ; and where the party
accufed (hall be convided of fuch offence, either by view of the
faid juftice or juftices, or upon fuch information as aforefaid.
or on confedion of the party accufed, it (hall and may be lawful
Penalties to be ^^r fqcfa iuftice or juftices to i(rue a warrant or warrants for the
Jeried fay dif- levying me penalties or forfeitures fo adjudged on the eoods
treftand falc. and chattels of the offender, and to caufe fale to be made there-
of, in cafe fhey (hall not be redeemed in five days, rendering
For want of ^P ^^^ P^'^Y %^^ overplus (if any there be) and in cafe any per^
diftreft, of- fon or perfons (hall be convidted in purfuance of this a6^, of
fender to be breaking, throwing down, or extinguiftiing, any lamp now
fent to the crefted, or hereafter to be erefted, and no eoods or chattels of
i^ioa! ^^^ ^^^ perfon fo offending can, at the time of fuch conviAion be
' found, then, and in fucn cafe, it (hall and may be lawful to and

for the juftice or juftices of the peace before whom fuch perfoh
or perfons (hall be cqnvidjted as ^forefaid, to commit fuch ofr
fender to the houfe of correAior^, there to be kept to hard Ia«
hour for any time not lefs than one month, and not exceeding
the fpace of three months, or until fuch penalty or forfeiture
(hall be paid.

XXXV. Provided neverthelefs. That it (hall and paay be

Efen* *'i- lawful to and for fuch juftice or iuftices of the peace, from time

^jj^y/^ ^' to time, where he or they (hall fee caufe, to mitigate, com-

poua4|

i744«] ^^^^^ dedmo iepdtno Georgix IL c. 29. 233

pound) or leflenany of the laid forfeitures or penalties, as he
or diey, in his or their difcretion, (hall think fit, fo as.fuch
mitigation do not extend to remit above one moiety of the pe-
nalties ii^Aed and directed to be levied by this aA; and every
fuch mitigation (hall be a fufficient difcnaree to the perfons
offending refpedively, for fo much of the faid penalties or for-
feitures as (hall be fo leiTened, mitieated, or remitted.

XXXVI. Provided alfo. That it any perfon or perfons (hall Pedbot a^*
find him, her, or themfelves aggrieved, or remain unfatisfied grieved mav
in the judgment of the faid juftice or juflices, then fuch perfon *55rteHtf
or perfons (hall and may by virtue of this ad, complain or ap- ^^

peal to the juftices of the p^ce at the next general or quarter
feffibos to be held for the laid city of Londmy virho are hereby
impoweredto fummon and examine witneflfes upon oath, or be-
ing perfons called ^akirs^ on their folemn affirmation, and
finally to hear and determine the fame, and to make fuch order y^^'V^if k*
therein as (hall be agreeable to the nature and circumlhuices of ^^^ed!
the cafe ; and in cafe of conviAion, to iflue a warrant or warrants
for levying and compelling by fuch means as aforefaid, the pay-
ment of the (aid penalties or forfeitures.

XXXVII. And it is hereby further enafted. That all the penaldet, <me
penalties or forfeitures to be levied by virtue of this aA, not half to die in*,
nerein before appropriated, (hall be paid and applied in manner former, and
following; that is to fay, one moiety thereof to the perfon or ^^^^''^^
perfons who (hall inform and profecute for the (ame, and the toiipal3rinto
other moiety to the alderman or the ward, or his' deputy, where the chamber.
fuch offence (hall be committed, to be by him paid over into

the chamber of London^ to be accounted for, and applied as
part of the fund for providing and maintaining fuch lights in
the faid ci^ as aforefaid.

XXXVUI. And be it further enafled by the authority afore- ^5^ q^^ ^^
faid, Th^t the aA of parliament pafled in the ninth year of the c. to'repeiJed.
reign of bis prefent Majefty, intituled. An aRfor theitttir in-
Sgbttting tf tie ftreets 9/ the city ^.London ; and every daufe,
article, matter, ai>d thing therein contained, (hall be, and the
fame !s hereby repealed, annulled, and made void, except fo Excepdeiu
for as is herein after otherwife provided and dired^ed.

XXXIX. Providfcd always. That nothing in this zQ, con- Arreartdtieon
tained (hall repeal, annul, or make^ void, or be conftrued, deem- 14 June, 1744.
ed, or taken to repeal, annul, or make void, any of the rates, ^^ ??j2!i^?'^
or aflHTments charged or aflc(rejl by virtue of the former aft, ***^jr«^*^J^
which (hall be due and payable, or in arrear, on the twenty ^'^^ '^"^'^**^^
fourth day of June^ one thoufatid feven hundred and forty four,
or any ot the remedies, powers, and provi(ions given and pro-
vided by the faid former aA, for the colied^ing, levying, or re-
covering the fame ; but the fame rates and alieflments, and all
arrears thereof refpedively, which (hall remain and become due
and payable on the twenty fourth day of June^^ one thoufand
feven hundred and forty four, and all the remedies, powers,
and provifions in and by the faid for^ier a£t given, granted,
' ' * ' atifl

134 AnnodecimofepdmoGsoRGii n. C.30. [1744*^

and provided, (or the raiiing, levying, collectings and recover*
ing the (ame refecAively, (hall remain and continue in fiill force
and effed ; any thing herein contained to the contrary notwith-

^. . . . ftanding.

Imitation of XL. And be it further enaftcd by the authority aforefaid,

•aion . That if any aAion or fuit (hall be commenced ag^nft anyper-

fon or perfons for any thingdone In purfuance of this aA, in every
fuch cafe the adHon or fuit (hall be brought within fix months
next after the fadl committed, and not afterwards ; and (hall
be laid and brought in London^ and not elfewhere ; and the de-
fendant or defendants in fuch aAion or fuit to be brought, (hall

Gencral.iflae. and mav plead the general ifltie (not guilty) and give this
z&y and the fpecial matter in evidence, at any trial to be had
thereupon ; and if the plaintiff or plain^ffs (hall bc^come non-
fiiited, or difcontinue his, her, or their a^Etion or aAions, (bit
or fuits ; or if upon demurrer, judement (hall be given againft
the plaintiff or plaintiffs, the ddfbidant or defendants (hall and

Treble cofti "^^^ recover treble cofts, and have fuch reipedy for the (ame
as any defendant or defendants hath or have m any other cafes
bylaw.

Ptoblick sA. XLI. And be it further enaded by the authority aforefaid.
That this %& (hall be deemed, adjudged, and taken to be 1
publick %&2 ^"^ ^^ ^ judicially taken notice of as fuch, by aH
judges, juftices, and other perfons whatfoever, without fpectally
pleading the fame.

CAP. XXX.

An all for the mere effeBual preventing of the affixing of
counterfeit ftamps to foreign or other linnens.

WH E RE A S certain flampi are reared h law to be put vftn
linnens made in Scotland '^xri Ireland, the better teafcertm
the ptaUty effuch manufaffures : and whereas ef late years there has
been a praSiice to counterfeit fuch JiampSy and affix the fame tofereipi
linnens^ in order to vend them as the manufaifures of Scotland and
Ireland, to the grofs deceit aniimpofition of the bitters ^ and to the
great dtf credit of the faid manuf azures : and whereas there has alfi
been a pra^cCy when linnens of th^manufaSiure ^Ireland have been
mildewed or foiledy to rebleach the faid linnens y and then to affix com-
terfeit Jtamps theretOy in order to vend them as linnens dulyjlampei :
for remedy whereof, be it enaAed by the King's moft excellent
majefty, by and with the advice and content of the lords (^-
ritual and temporal, and commons, in this prefent parliament
Penalty on affembled, and by the authority of the fame. That iip any per-
putting coun- fon or perfons (hall, after the twenty fourth day of %wr/, one
lerfeit ftampi ^hQufond fevcn hundred and forty four, affix, or cauie, or pro-
Unncnl^*^ cure to be affixed any (lamp or ftamps, in imitation of the ftamp
or ftamps put upon the linnens of the manufadure of Scotland
or Irelandy on any foreign linnens imported into this kingdom,
fuch perfon or perfons fo offending, (hall for each and every fuch
offence, being convi(^ed tbcreot, in the manner herein after

men-

1744*1 ^'™'^ dedmo fepdmo Georgii IT. c. 30. 235

mentioned, feverally forfeit the fum of five pounds for each
piece of linnen to ftainped, or caufed or procured to be ftamped ;
and if ariy pcrfon or pcrfons (hall, after the faid twenty f<>u«^h ^"^^P^'™?
day of June^ fell, expofe tofale, or pack up for fale, any foreign them to iSlc5
linnens, knowing them to be fo ftamped as aforefaid, as the
manufafhire of Scotland or Ireland^ fuch perfon or perfons fo of-
fending, and*being thereof convicted in the manner herein af-
ter mentioned, (hul forfeit the find linnens, and the fum of five
pounds for each piece thereof fo fold, expofed to fale, or pack- ^?^^ ^^
ed up for fide, as aforefiud ', and in cafe any perfon or perfi^ns fcJt"^^,^*
(hally after the twenty fourth day of June^ affix any counterfeit fintifli or Irilh
fiamp or ftamps upon any linnens of the manuftidlure of Great iuunesa 1
Brifatfi or Irelandy in order to vend the fame as linnens duly
ftamped, fuch perfon or perfons fo offending, and being con-
viAed thereof in the manner herein after mentioned, (hall for-
feit the fum of five pounds for every piece of linnen fo ftamped
as aforefaid ; and in cafe any perfon or perfons ftiall, after the
faid twenty fourth day of Juney fell, expofe to fale, or pack up
for fale, any fiich linnens, knowing the fame to be fo ftamped
as aforefaid; fuch perfon or perfons fo offending, and being and packlnr
thereof conviAed, in the manner herein after mentioned, fliall «p»orexpofiiig
forfeit the fiud linnens, and the fum of five pounds, for each ^"*"* *® "^*
piece thereof fo fold, expofed to JTale, or packed up for fale as
aforefaid.

II. And be it further enaAed by the authority aforefaid. That OiFendert to
it (hall and may be lawful for any one or more jufttce or juftices ^ ^^V^^
of the peace tor the county, riding, divifion, city, town,, or ^^^JJ*^^
place, where any offence ft\all be committed againft this zQty to fore a juftice.
convid the party or parties offending, upon the oath of one or
more credible witnefs or witneftes (which oath fuch juftice or
juftices are hereby impowered and required to adminifter) and
upon fuch conviaion to grant a warrant or warrants, under his
or their band and feal, or hands and feals, to levy and recover
the ffid rcfpcftive penalties and forfeitures by diftrcfs and fale of ^*"*J^2i*? ^
the offenders goods and chattels, rendering the overplus, if any Jlj^l^f^^l^
there ftiall be, after dedudling the charges of fuch diftrefs and fale.
fale, to the owner or owhers thereof ; and in cafe no goods or
chattels of the party or parties fo offending can be found, or J^^JJ^tof
there (hall not be goods or chattels fufficient to pay fuch penal- fj^te tofuf-
ties and forfeitures, any one or more of fuch juftices of the fer fix montlu
peace fliall, upon proof thereof made* upon oath (which oath imprilbniiieiit.
he and they is and are hereby impowered and required to admi*
nifter) before him or them, by the perfon or perfons who fliall
have the execution of the warrant or warrants for levying fuch
diftrefs, commit the party or parties offendine to the gaol of
the county, riding, divifion, city, town, br place, where the
offence fliall be committed, there to remain without bail or main-
prise for thefoaceof fix months, unlefsfuch penalties and for-
feitures fliall be fooner paid and fatisfied ; which faid penalties Penalties to go
and forfeitures fliall go and be applied to the ufe of the informer to t^^ in-
pr wformcrs, firft deducing out of the fiimc the fum of two^^^^» ^^'.

(billings ^**

236 Anno decimo iepdmo GsoROii IL C. 31* [1744.

the pound for (hillings in the pound» to be paid to the conftable or other offi.
the conftable. ^g,. rc^dlivcly, who (hall execute the warrant or warrants for
levying and recovering the faid penalties and forfeitures.

CAP. XXXI.

An aR for repealing the duties payable uponglafs beads j and
for granting other duties in lieu thereof \ and far allow-
ing the fame drawbacks on the exportation of refined borax
and camphirej which are allowed on the exportation of
unrefined borax and camphire \ and for preventing the
fraudulent exportation ^^/BritUh and Irifh unnens^ for the
fake of the bounty allowed by an aB made in the fifteenth
and fixteenth years of his prefent Majeftfs reign ; and for
explaining and amending the faid a£lj as to the perfons
who are to receive the faid bounty.

WHEREAS by feveral a£li of parUament now in forct\ fe-
veral duties are payable upon the importation of great hugk^
and glafs beads : and whereas it is very difficult for the ^ers of his
majeflys cufloms^ and dealers in the faid commodkiesy to difUnguifi
the difference between great bugle and glafs beads ^ on the importatim
thereof: and whereas the duties on glafs beads are much lower then
the duties on great bugUy which is a great temptation to unfdr trad-
ers to deceive the officers, to the great difadvantagt of the revemUf
and difcouragement of the fair merchants : and^vhereas fueh evil
pradlice enables the unfair traders to underfell not only the /air mef-
ifbantSy but Isiewife to underfell fuch of the poor inhabitants of this
kingdom^ who are now employed in the makings colourings and ma^
nufa£luring of glafs beads ; for remedy whereof be it enaded by
the King's moft excellent majefty, by and with the advice and
confent of the lords fpirituafand temporal, and commons in
this prefent parliament aflembled, and by the authority of the
fame» That the faid duties on glafs beads, which (hall b^ im-
The old duty ported from and after the twenty fourth day of June, in the year
on glafs beads of our Lord one thoufand feven hundred and forty four, fluU
repealed, ceafe and determine ; and in lieu thereof there (hall, firom and
after the faid twenty fourth day of June^ be paid to his Majefty,
and the new ^^^ heirs, and fucceiTors, for all glafs beads imported into Gnat
duty to bt the Britain^ whether plain or manufactured, mixed or coloured,
fame asis paid the lame fubftdies, impofitions, and duties, as are now paya-
for ereat y ^ for great bugles imported ; and that the fame be raifed, le-
bngies} yj^j^ recovered, and paid by fuch rates, means, and methods,

with the like difcounts and allowances on importation, and the
fame drawbacks on exportation, and under fuch penalties and
and to be ap- forfeitures, and be apphcable to the f^me ufes and purpofes, as
plied to the ^j^g duties on great bugles ar^ now raifed, levied, recovered*
fameufcs. paid, and applied.

II. Provided neverthelefs, and it is hereby declared. That
this a<5t, or any thing herein contained, (hall not in any wife be
conftrued or under(lopd to extend to leflea or alter the rates or

duties

[744*1 Anno dedmo feptimo Georoii II. 0.31. 237

luties on finall or feed bugle, which are to remain and be in Dudes on feed
he fame manner as they are now rated and paid. bugle not to

in. ^d whereas large quantities of borax unrefined^ eommoniy^^ ^^^^°'
:aUed Tincall, and of camphire unrefined^ are frequently imported^
iotb Ufbithare generally Jhipty in the fame unrefined condition ^ and a
drawback paid on exportation thereof: and wnereas the faid commo-
dities when refined in Great Britain, are not entitled^ by the laws
in beings to any drawback^ although they arefubjeH to wajle and lofs
of weight in refining them here^ and are therefore exported abroad^
and refined in foreign countries^ to the prejudice of the revenue and
the commerce of this kingdom : for remedy whereof, be it enadted
by the authority aforcfaid. That from and after the twenty Borax and
fourth day of JunCy one thoufand feven hundred and forty four, Cainphirerc-
all borax, and all camphire which (hall be refined in Great Bri- |n«f /» ^a«
tain^ upon oath being lirft made by the refiner or refiners there-^*j*l"/ied ^
of, that the faid borax and camphire entered for exportation, the drawback
were produced folely from the very fame borax and camphire on exporu«
which had been imported into Great Britain unrefined, and for^***
which his Maje(ly*s cuftoms and duties had been duly paid at
the time of the importation thereof, and that the fame were du-
ly exported, his Majefty's fearcher alfo certifying the (hipping
tnereof, and all fuch other requ]{ites being duly peijformecl, as
are nece(rary to be done and performed, with regard to borax
and camphire unrefined, and (hipt for exportation, (hall be en-
titled unto and have the fame drawback of all the feveral duties
in all refpeds, as a like quantity of unrefined borax and of un-
refined camphire, are now by law entitled unto ; any ftatute,
law, cuftom, or ufage to the contrary notwithftandin^.

IV. And whereas by ana^ of parliament pajfed in toe fifteenth ^ q^^ ^^
etnd fixteenth years of the reign of his prefent majejly King George 0:29.
the Second^ intituled^ An a6t for granting to his Imjefty an addi-
tional duty on foreign cambricks imported into Great Britain^
and for allowing thereout a bounty upon certain fpecies of Bri^
tijb and Irifilf linnens exported, in order to prevent Briti(h and
Iri(h linnens exceeding the value of twelve pence per yard^ being ex^
ported for the fake of the bounty allowed thereby^ it is ena^edy That
the eo/leffor and comptroller^ or other proper officers of the cujloms
may open^ vieWy and examine any or alljuch linnens asjoall be entered
at the value of twelve pence per yard or under y and compare the fame
with the value and price thereof fwofn to or affirmed in the entry and
indorfement on the cocquet ; and if upon fuch view and examination
itJbaU appear that fuch linnen is of greater value than twelve pence
fetyardj then and in fuch cafe the exporter or proprietor flyally on de-
mand modi in writing by the cuftomer or collect or y and comptroller of
tbe part where fuch goods or merchandizes are enteredy delivery or
laufe to he deliver edy all fuch goods and merchandizes into bis Majef
tfs wareboufe at the port of export ation^ for the ufe and benefit of
the crowny and upon fuch delivery the cufiomer or colle^or of fuch port y
tuith the privity of the comptroller y flioll out of any money in the hands
af fmh cufiomer or collehory arifing by cujtoms or other duties, be-
mpngto the crown , pay to fuch importer or proprietor the value of

tkirtetn

138 Anno decimo feptitno Geokgii IL c. 31. [i744«

thirteen pence per yard^ taking a reMpt for the fame j fromfiuh ex-
porter or proprietory infullfatisfaSlionfortbefaidgoodSy asifthij
bad been regular^ fold I ana the refpedlive commifjioners ef the luf-
Umijhallcaufe the faid goods to he fairly and puhlickly fold for the befi
advantage J and out of the produce thereof^ the money fo paid or ad*
vanced as afore laid j Jhallhe repaid tofuch cufiomer or coUedfor^ with
the privity of the comptroller^ to be replaced to fuch funds from whence
the fame was borrowed^ and the overplus (ifany)Jball be paidint9
bis Majejlfs exchequer j towards the linking fundj by the title of the
additional duty on cambricis granted by this aSly as in and by tbefaii
recited ait y relation being thereunto hady may more fuliy and at larie
appear : and whereas by the faid recited j/7, no forfeitures or penal-
ties are infli^ed upon anyperfon or per/ons whojball enter for expor-
tation any of the linnens therein mentioned^ as of the value ofjixpeme
per yardy or any higher vahiey and not exceeding the vabie oftwehe
fence per yard s and which upon the view ofy and examination bj
the proper officers of the cujlomsy Jball be thought to be of greater va-
lue than twelve pence per yardy and who Jhall on demand made in
writing by the offiomer or eollefJory and comptroller of the port where
fuch linnens are enteredy refufe to deliver or caufe to be delivered fmb
linnens into his Majejifswarehoufeat the port of exportationy for the
ufe and benefit of the crowny and to receive from the officers of the
iu/ioms at the [aid port the value of thirteen pence ^tvyarjfor fuch
linnens y in full fatisfa^ion for the fame y by realon whereof woxf
frauds and abufes may be committed and enfuiy ana the gooddeftgm if
the faid recited aff may be frujlrated\ for remedy whereof, be it
Penalty on un- *^*^^ ^X ^^ authority aforefaid. That the faid thirteen pence
dervaluing "P^^ 1^^^ ^ mentioned to be paid as afore&id to the importer or
BritiOior Iriffi proprietor, (hall be paid to the exporter ^ and that from and af-
linnens to be ter the twenty fourth day of funey one thoufand fcven hundred
«o^ea^' and forty four, if any perfon or perfons (hall enter for cxporu-
^€.36. *' tion any linnens of Britijb or Irijb manufadhirc made of hemp
or flax, as oi the value of (ixpence pvr yard, or any hi{^er va-
lue, and not exceeding the value of twelve pence per yard, and
which upon the view and examination of the proper officers of
the cuftoms (hall be thought to be of greater value than twelve
pence per yard, and (hall on a demand made in writing by the
cuftomer or coUedor, and comptroller of the port where fuch
linnens are entered for exportation, rcfiife to deliver or caufe to
be delivered fuch linnens into his Majefty's warehoufe at the port
of exportation, for the ufe and bedefit of the crown, and to re-
ceive from the faid o(Bcers of the cuftoms at the laid port the
value of thirteen pence per yard for fuch linnens, in full fatisfac-
tion for the fame ; or if fuch linnens (hall be lefs ia quantity
than (hall be expre(red in the faid indorfement on the. (aid entry
or cocquet, or if the fame (hall be entered and indorfed umkr
... a wrong denomination ; that then and in every fuch cafe all
fn'lr^cSex- ^^^^ linncns whifch (haU be fo refafed to be delivered, or which
portationtbe Ihall appear to be lefs in quantity than expre£^d in fuch in-
^nens to be dorfement, or entered and indorfed under a wroi;^ denomina*
foifeitcd, tion, (ball be forfeited and |oft> and (hall and may be (elated by

any

44*1 Aimo dedmo fepdmo Georoii II. c. g2. 939

^ otBoa or officers of the cuftoms, one moiety of the for*

tore of which goods ftaU be to the King's majdly, his heirs one half to

d«fucceflbrs, and the other moiety to fuch penbn or perfons the King, the

(hall ftie for or profecute the &me, and the fcizures of fikh P^**" *® **
ods (hall and may be profecuted and determined by bill, plaint, ^^[^^

information, in any of his Majefty's courts of record at ^^
iftmnftir^ or in the court of Excheatur in &tf/iWrefpeSively,
tiereinnoeflbin, protecSUon, privilege, wagqroflawor more
an one in^^lance, (hall be allowed.

V^ And be it further enaAed by the authority aforefaid,
hat tf any action or fuit (hall be commenced agamft any per-
n or persons on account of leizing fuch goods, the defaidant

defendanu in any fuch adion or (iiit, may plead the general General ifliie.
lie, and give this aS, and the fpecial matter in evidence at
ly trial to be had thereupon \ and that the fame was done in
jrfuanceand by the authority of this ad, and if it (hall appear
» to have been done, the jury (hall find for the defendant or de-
tndants, and if the plaintiff (hall be nonfiiited, or difcontinue
is aAion, after the defendant or defendants (hall have appear-
I, or if Judgment (hall be given upon any verdiA or demur-
xi again(t t^ plaintiff, the defendant or defendants (hall and
uy recover treble cods, and have the like remedy for the fiune
s any defendant or defendants have in other cafes by law.

CAP. XXXII.
4naBU iXpUun ^nd maki mare ege&ual feverol alls of par-
liamnu pcjfid in tbi rtign of bis prefeni Ms^efy^ for
hdW^ng a bridge crofs the river Thames, from tbe city
of Weftminfter to tbe oppofite fbore in tbe comity of Sur-
rey *, ani for tbe better enMing tbe connmffionersfor build-
ing tbefaid bridge^ tofimfb tbefame^ and to perform tbe
other tmfts repofed in tbem \ as alfo for granting furtber
time for excbanging tbe tickets unclaimed in tbe tofi lot--
tery for tbefam bridge^ and to make provijiou for tickets
in tbefaid lottery^ l(^ burnt, or otberwife deftroyed.

WH EREAS the iornmffioners for building a bridge crofi the
river Thames, from the wooKhple, or tben^Ocuts, in
ibopari/bef Saint Maigaret, in the city of Weffamnfter/ to the
ffifitijbore in tbe county of Surrey, or anyfeven or more of tbm^
srtf, byfivered afts of porliament faffed in the rtign of his prefent

' " "r, /«rf-
by the

, ---^ ^ . , ,,,. d: and

wboreai feme doubts and difficulties havearifeUj and may arife^ re^
\tting to tbe carrying into execntion tbe feveral powers by tbefaid affs
wjlei in tbofaid commijfionerSy for mpurpifes eforefaxdy whereby
Hey bam been, and may Ar, prevented from executing the fame in the
beyond maft aduantogtous manner : therefore, for amending and
eocpbining the liud aAs, in order to tbe more eafy and certain
I th^piof, and for the more effiedtual conveying to the

com**

240 Anno dedmo fcpdmo Georgii IL c. 33. [<744>'

tommiffioners, and their truftees, and thofe claiming or id
claim under them» fuch lands, tenements, and hereditaments,
as they have been, or (hall be, direded or enabl^ to purchafe,
by any aft or 2&% of parliament now made, or whidi hereate
maybe made; beitenadted, &r.

Power given the commifEonert to (end for title-deeds, or writings.
Judgments and verdids of the commiffioners and juriesy to be tranfinitted
to tbe derk of the peace, who (hall give a receipti Clerk of the peace to
tranfmit them to the quarter feflions, to be kept among the records. Com*
miffioncrt to be deemed in adtual pofleifioni on delivenng tbe evidences to
the clerk of the peace. The bridge to be divided between the parishes of
St Margaret, Weftminfter, and Lambeth in Surrey. Not to be a coontr
bridge. Recom(>ence to the watermen for the Sundays ferry, a 5,000 L
given towards building the bridge. Commi(fioners to account to parlia-
ment.

CAP. XXXIII.

Jn ail for granting ta bis Majefty tbefum of one million out
of tbe finidngfuni^ and for applying afum remaining in
tbe excbequer^ arifen by tbe coinage duty^ for tbe fervia
of tbe year one tboufand feven bundred and forty four ;
and for tbefurtber appropriating tbe fupplies granted in
tbisfeffion of parliament ; and for making fortb duplicates
ofixcbequer billSj lottery tickets^ certificates^ annuity or-
derSj and otber ordersj loft^burnty orotberivife deftroyed\
and far giving fur tber time for tbepapnent of duties oputt-
id to he paid for tbe indentures or contrails of clerks and
apprentices ; and to enable tbe reverftoners of certain an-
nuities therein mentioned^ to receive fucb annuities y if tbe
fame /ball not be demanded wit bin a certain time by tbe
annuitants for lifty until proof be made tbat fuch annuitants
are living.
Mofi gracious Sovereign^ y

WE your Majefty's moft dutiful and loyal fubjeAs, the com-
mons of Gnat Britain in parliament aflembled, bemgde-
firous not only to raife fuch fupplies as are neceflary to enable
your Majefty to carry on the prefent war with vigour, but alfo
to ufe fuch ways and means therein, as that your Majefty may
have the better and more fpeedy effedl of the faid fupplies, have
refolved to give and grant unto your Majefty the fum of one
million out of the furpIuiTes, excefles, and overplus mohitSy
commonly called Tbe Sinking Fund^ towards the fupplv granted to
your Majefty for the fervice of the year one thoufana feven bon*
dr^d and forty four ; and to that end and purpofe do moft hum«
bly befeech your Majefty that it may be enadted, and be it en-
a^ed by the King's moft excellent majefty, by and with the ad^
vice and confent of the lords fpiritual.and temporal, and conw
mons, in this prefent parliament aiTembled, and by the author
rity of the fame. That by or put of fuch monies as now are, . or<
ihall from time to time be and remain in. the receipt of the ex«

cbequer.

i744«] Anno dedmo feptimo Georgii IL c. 3^; 24 c

chequer, of the faid furplufles, excefTcs, or overplus monies, one million to
eommonly called The Sinking Fund (after paying or refcrving fuf-^^cTu^^^T* ^° t
ficient to pay all fuch fum and fums of money as have been di- ^f the'SJdjig
reAed by any forMer a6t or a<Sts of parliament to be paid out of fund,
the fame] there (hall and may be iflued and applied, a fum not
exceeding the faid fum of one million, for and towards the fup*
ply granted to his Majefty for the fcrvice of the faid year one
thoufand feven hundred and forty four ; and the commiflioners
of his Majefty's treafury, or any three or more of them now
being, or the high treafurcr, or any three or more of the com-
miflioners of the treafury for the time being, are hereby autho-
rized and impoweredto ifTue and apply the fame accordingly.

II. And be it further enadted by the authority aforefaid. That 3^.000!. im-
the fum of thirty fix thoufand pounds, now remaining in theP**^^™®"^
receipt of his Majefty's exchequer, arifen by if^preft tnoney re-[j^^^'jj^J^g^^
paid on the head of coinage duty, (hall and may be iflued as

part of his Majefty's fupply for the fervice of the year one thou-
fand feven hundred and tofty four ; any law, ftatutc or provi-
fion to the contrary in any wife notwithstanding.

III. And it is hereby enafted by the authority aforefaid. That Claufc of loan
In cafe the faid commiflioners of his Majefty's treafury, or any *^ ^ ^ ^^*
three or more of them now being, or the high treafurer, or any

three or more of the commiflTioners of the treafury for the time
being, (hall think it advifeable to raife the faid fum of one mil-
lion, or any part thereof, by loans or exchequer bills, in man-
ner hereafter mentioned, that it fliall and may be lawful to and
for any pcrfon or perfons, natives or foreigners, bodies politick
or corporate, to advance or lend to hisMajefty, at the receipt
of his Majefty's exchcouer, any fum or fums of money not ex-
teedin^the faid fum or one million, upon the credit of the faid
furplufles, exccfles, and overplus monies, commonly called
The Sinking Fund ; and to have and receive for the forbearance
of the money lent, intcreft after a rate not exceeding three
pounds per Centum per Amum^ fo as fuch loans be allowed to be
made by the faid commiflioners of the treafury, or any three or
More of th^m now being, or the high treafurer, or any three or
more of the commiflioners of the treafury for the time being,
who are hereby authorized to iflue their warrants for that pur-
pofe as ftift as fuch loans ihall be wanted for the publick fervice ;
tod moreover that no money fo to be lent upon the fecurity of \

this ad fllall be rated or aflelfed to any tax or aflcflment whatfo-
ever.

IV. And be it further enabled. That all and every perfon and Tallies of
perfons who (hall lend any money upon the credit of this a<Sl as loin to be
aforefaid, and pay the fame into the receipt of the exchequer, ^brudu
(hall immediately have a tally of loan (truck for the fame, and

an order for his, her, or their repayment, bearing the fame
date with his, her, or their tally, in or upon which order (hall
be alfo contained a warrant for payment of intereft for the for-
bearance thereof, not exceeding the faid rate of three pounds/>.^r
Centum per Annum^ and to be paid every three months, until the
Vot. XVIII. R repay-

24^

Thcniaiincr
ef payment*

No undue
prefefcnoe*

No fee to be
takea>

on pain of
treble dama-
gCS| &c.

Anno dccimo fcptimo GeorGII H, C. jj. t^744*

repayment of the principal ; and all fuch orders for repayment
ot money fo to be lent mall be regiftered in courfe accoraing to
the dates refpe<5tively ; and that all and every peifon and per-
fons (hall be paid in courfe, according as their orders (hall (land
regiftered in thefaid regifter books, fo as the perfon or per(bn5,
natives or foreigners, his, her, or their executors, adminiftra-
tors, or a(rigns, who (hail have his, her, or their order or or-
ders 6r(l entered in the (aid books of regifter, (hall be taken and
accounted to be the drft perfon or perfons to be paid out of the
faid furplufles, exccfles, and overplus monies ; and he, (he, or
they, who (hall have his, her, or their order or orders next en-
tered, (hall be taken and accounted to be the fecond perfon to
be paid, and fo fucce(nvely and in courfe ^ and that the moniec
to come in of or for the (aid furplu(res, exce(}es, and overplus
monies, commonly called The Sinking Fundj as aforeiaid, fliail
be in the fame order liable to the fatisfaftion of the faid refpec-
tive perfons, and body or bodies politick or corporate, their ex^
cutors, adminiftrators, fucceflbrs, oradigns refpefkivdv, with-
out undue preference of one before another, and nototnerwife;
and (hall not be diverted or divertible to any other ufe, intent,
or purpofe whatfoever (other than fuch ufes and purpofes as are
appointed by any other adl or ads of parliament in that behsdf
as aforefaid ;) and that no fee, reward, or gratuity diredly or
indire<fUy (hall be demanded or taken of any of his Majefty^
fubje6ts for providing or making of any fuch books or rmdcfii
or any entries, views, or fearches in or for payment of money
lent, or the intereft thereof as aforefaid, by any of his Majdtfi
o(ficer or o({icers, their clerks or deputies, on pain of payneot
of treble damages to the party grieved by the party offending
with full cofts of fuit ; or if the officer himfelf take or demand
any fuch fee or reward, then to lofe his place alfo ; and if any
undue preference of one before another Qfizll be made either in
point of regiftry or payment, contrary to the true meaningof this
ad, by any fuch officer or officers, then the party offending fltfO
be liable by adion of debt, or on the cafe, to pay the value of
the debt with full cofts of fuit to the party grievea, and (hall be
forejudged of his office or place ;. and if luch preference be un-
duly made by any deputy or clerk, without diredion or piwity
of his mafl;er, then fuch deputy or clerk only (hall be liable to
fuch adion, debt, damages, and cofts, and (hall be for ever af-
ter incapable of his office or place ; and in cafe the auditor of
the receipt (hall not dired the faid orders of loan, or the clerk
of the pells record, or the tellers make payment upon fuch Qr«
der, according to each perfon's due place and order as before di^
reded, then he or they (hall be adjudged to fcnfeit, and therein
pe^tive deputies and clerks therein offending, to be liable to
fuch adtion, debt, damages, and cofts, in fuch manner as afo»-
faid; ail which (aid penalties, forfeitures, damages, and co^
to be incurred by any the officers of the exchequer, or am tbeir
deputies or clerks, (hall and may be recovered^by a&ion or debt,
biU» plaint, or information, in any of his Majeft/s courts df

record

J744«l Anno dedoio ieptimo Georgii II. c. jjJ 243

record at Wejlminfiir ; wherein no eflbin^ protedion, privilege,
wager of law, injundtion, or order of reuraiut (hall be in any
wi(e granted or allowed.

V. Provided always, and it is hereby declared, That if it .

Ihsdl happen that feveral tallies of loanror orders for payment as jaSig to'Jl^
afoflrefud, bear date, or be brought the fame day to the auditor due pre-
of the receipt to be regiftered, then it (hall be interpreted no un- ference.
due preference which of thofe be entered firft, fo as he enters
them all the fame day.

VI. Provided alfo, That it (hall not be interpreted any undue
preference to incur any penalty' in point of payment, if the au-
ditor iUredt, and the clerk ot the pells record, and the tellers
lb pay fubfequent orders to perfons that come and demand their
nonies, and brine; their orders, before other perfons that did
not cooie to take their monies, and bring their orders in courfe,
b as there be So much money referved as will fatisfy precedent
arders, which (hall not be otherwife difpofed of, but kept for
them \ intereft upon loan being to ceafe from the time the mo-
ney }% fo J^ferved and kept in bank for them.

VII. And be it further enabled. That all and every perfbn j^jij^j ^
lad peribns to whom any money (hall be due for loans to he re- tnui&fe^rinc;
giftered by virtue of this a6t, after order entered in the book of

rc^fier as afore&id, his, her, or their executors, admini(b'a-

ars^ .orafligns^ by proper words of afTignment to be indorfed

ndxivitten upon his, her, or their order, may aflign or tranf-

m hii, her, or their right, title, intereft, and benefit of fuch

Mrder, or any part thereof to any other ; which being noti(ied

0rtlie office of the auditor of the receipt aforefaid^ and an entry

Vflicaaorial.thereof, alfo made in the book of regiftry aforefaid

Gbr ocders (which the officers (hall upon requeft without fee or

da]|;e accordingly make) (liall entitle fuch aflignee, his, her, or

their executors, admini(brators, rucce(rors, and a(]igns, to the

lenefit thereaf^ and payment thereon^ and fuch a(rignee may in

ike manner aflign again, and fo totia qmtiii \ and afterwards it

hay not be in the power of fuch perfon or perfons who have or

lUh.Qiade fuch affignment, to make void, releafe, or difcharge

lie fame, or any the monies thereby due, or any part thereof.

: VHI. wAnd to the end there may be no want or failure of a

artiiQ.fttm not to exceed in the whole the faid fum of one mil-

ioa» to be raifed either by fuch loans as aforefaid, or by iiTuing The money

oraheauer bills as is herein after mentioned, or by both or either may be raifed

iC-thoie ways or means for the publick fervice ; be it further en- ^X ^^chequcr

lAed by the authority aforefaid, That in cafe the commiffion- *

n of ms Idajeily's treafury, or any three or more of them now

Miiig^ or the high treafurer, or any three or more of the com-

Biffioners of the treafury for the time being, (hall judge it more

idirifi»ble to raife the Ciid fum of one million, or any part there-

tf?by«xcheouer bills, inftead of fuch loans as afore(aid, that

Ilea tbey:relpe6kively are hereby authorized and impowered at

3 time or .times to prepare and make, or caufe to be prepared
made at the exchequer, any number of new exchequer bills,

K2 for

244 Anno dccimo fcpdmo GcoROii II. c. 33; [1744.'

for any fum or fums of money not exceeding in the whole the
faid fum of one million, together with fuch loans as aforefaid, in
the fame or like manner, form, or order, and according to the
fame or like rules and dire^ions, as in and by a certain aA of
parliament for granting an aid to his Majefty by a land tax, for
the fervice of the year one thoufand feven hundred and forty
four, are enaded and prefcribed concerning the exchequer bills
to be made in purfuance of the faid a(f^.
Alladvanta- ^^* ^"^ ^^ ^^ further enacted by the authority aforefaid,
gesand penal- That all and every the claufes, provifoes, powers, privil^es,
ties contained advantages, penalties, forfeitures, and difabilittes, contained
>" ^c f^™*"^ *" ^^^ f^*d laft-mentioned a6l relating to the loans or exchequer
toloans*or"«c- '^'"^ authorized to be made by the fame adt (except fuch daufes
chequer bills,' ^s do charge the fame on the aids, taxes, or aiTefTments grant-
extended to ed by the fame z&) (hall be applied and extended to the exche-
thcfc. gucr bills to be made in purfuance of this aft, as fully and ef-

fedlually to all intents and purpofcs as if the faid exchequer bills
had been originally authorized by the faid laft-mentioned aft, or
as if the faid feveral claufes or provifoes had been particularly
repeated or re-enafted in the body of this prefent aft.
^ . X. And be it enafted by the authority aforefaid. That all the

^r WUsto exchequer bills as (hall be made in purfuance of this aft, and the
be paid out of intereil, premium, rate, and charges incident to, or attending
the finking the fame, (hall be and are hereby charged and chargeable upon
fund. and (hall be repaid and borne by or out of the growing produce

of the faid furpluiTes, exce(res, aud overplus monies commonly
called The Sinking Fund (except fuch monies of the faid (inking
fund as are appropriated to any particular ufe or ufes by any
former or other aft or afts of parliament in that behalQ ana
fuch monies of the faid (inking fund (hall and may be {(Toed and
applied, as faft as the fame can be regularly dated and afcertain-
ed, for and towards paying off, cancelling, and difcharging fuch
exchequer bills, intereit, premium, rate, or charges, untH the
whole of them (hall be paid off, cancelled, and difcharged, or
money fufiicicnt for that purpofe be kept and referved in the
exchequer, to be payable on demand to the refpeftive proprie-
tors thereof.
Application ^'' P^'ovided always, and be it further enafted by the aotho-
of tbefuppiies. ^^^ aforefaid, That all the monies coming into the exchequer,
eitner by loans or exchequer bills, upon one aft of this fdfion
of parliament, intituled. An a^ for granting an aid to his Majify
Landtaxi by a land tax^ to be raifed in Great Britain, for the fervice of m
year one thoufand feven hundred and forty four ; and to much mo-
ney (if any fuch be) of the tax thereby granted, as fhall arite
or remain, after all the loans or exchequer bills made or to be
made on the fame aft, and all the intereft, premium, rate and
charges thereon, and the charges thereby allowable for raifing
the faid land tax, fhall be fatisfied, or money fufficient fhall be
referved in the exchequer to difcharge the fame ; and all the
monies coming into the exchequer, either by loans or exche-
quer billsy upon one other aft cf this felfion of parUament, in-
tituled.

r744-] Anno decimo feptimo Georgii II. c. 33. 245

ituled. An a£f for cmtmuing the duties on maltj mum^ cyder ^ andM^k t#c,
eny^ in that part ^ Great Britain called England, and for grant-
tg to bis Majefty certain duties upon malt^ mum^ cyder y and perry ^ in
hoi part of Great Britain called Scotland, for the fervice of the
ear one tboufand feven hundred and forty four ; and fo much mo-
ey (if any fuch be) of the duties thereby granted, as (hall arife
T remain after all the loans or exchequer bills made, or to be
lade on the fame ad, and all the intereft, premium, rate, and
harges thereon, and the charges thereby allowable for raifing
he laid duties, (hall be fatisfied, or money fufEcient (hall be re-
used in the exchequer to difcharge the fame ; and alfo the fum
>f one million to be advanced and lent into the receipt of his
idajefty's exchequer, by The united company of nurchants of Eng"
and trading to the Eaji Indies^ for the purchafe of an annuity bc^^elu brth*
ftcr the rate of three pounds per centum per annum, in purfuance Eaft JndM
f one other ad of this fe(rion of parliament, i.ntituled, Jn a5lfor company, at
rooting to his Majefty thefurplus or remainder of the monies arifeny 3 1» P«r ^^^^
r to arifcy by the duties onfpirituous liquors granted by an aSl of the
tftfeffton of parliament y and for explaining and amending the /aid a£l
n relation to the retailers of fuch liquors j and for ejlablijhing an j-
reement with The united company of merchants o( England ivzd-
Qg to the Ea/l Indies ; and alfo all the monies coming into the
xcbequer by annuities after the rate of three pounds per centum
•/r annumy and by contribution by way of a lottery, upon one o-
her adt of this fedion of parliament, intituled. An a^ for raifing
\y annuities and a lottery , in manner therein mentioned, the fum of one J^'be'raifed
niltion eight hundred thouf and pounds, at three pounds per centum by 3 1. per
HOT annum, for the fervice of the year one thoufand feven hundred cent, annui-
\ffd forty four ; and the fum of thirty fix thoufand pounds re- tics, and a
ipming in the receipt of his Majefty s exchequer , arifen by im- ^^"^nr*
)reft money repaid on the head of the coinage duty ; and alfo
he fum of one million by this ad granted as aforefaid, (hall be
urther appropriated and applied, and are hereby appropriated
brand towards the feveral ufes, intents, and purpofes herein 40,000 1, por-
i&er expre(red ; that is to fay, it is hereby enaded and declared, tion to the
That out of all or any the aids or fupplies aforefaid, there (hall K"^*^'i?^
md may be Iflued and applied, any fum or fums of money not ""*^ *
!xcceding forty thoufand pounds, for the marriage portion of
the princefs 01 Denmark, one of hisMajefty's daughters.

XII. And it is hereby cnaded by the authority aforefaid. That
}ut of aH or any the aids or fupplies as aforefaid, there (hall and *o*J*''<j\or
nay be KTued and applied any fum or fums of moi>ey, not ex- naval'fervice»
xpding two million two hundred feventy two thoufand eight
^uodred thirty four pounds, ten (hillings, and nine pence, for or
owards the naval fervice herein after more particularly expre(r-
•d| that is to fay, for or towards defraying the charge of the
irdinary of his Majefty's navy, and for halt- pay to fea officers,
tnd ioc or towards viduals, wages, wear and tear of the navy,
ind the vidualling thereof, performed and to be performed, and
or or towards fea fervices m the office of ordnance performed
tadtobcperfiumed.
; R3 XUI-And

7 d. tor
freight of
tranfpoits.

3 0,970 1* *»•

5 d. ) q. for
victuals for
the land
forces.

ip,ooo1. to
Greenwich
hofpital*

246 Anno d^drtid fepfimo GtoRdii II. c.gj. [1744.'

XIII. And it is hereby alfo cnaAed by the authority aftmi-
faid. That out of all or any the aids or fupplies as atorefifidy
there (hall and may be iflued and applied any Turn or fums of
nroney, not exceeding twenty thoufand four hundred fcventy
four pounds, fcventeen (hillings, and feven pence, for the freight
of tranrports, between the firil day of January, one thoufand
feven hundred and forty two, and the thirty firft day of Decm^
ber^ one thoufand feven hundred and forty three ; and the (tnq
of ten thoufand nine hundred fcventy pounds, two (hillings,
and five pence three farthings, for the cxpencc of vidhials pro-
vided for his Majefty*s land forces, between the firft day of
January^ one thoufand feven hundred and forty two, and the
thirty firft day of December^ one thoufand feven hundred and
fortv three.

XIV. And it is hereby alfo enabled. That out of all or any

the aids or fupplies as arorefaid, there (hall and may be xStti

and applied anv futn or fums of money, not exceeding teif

thoufand poun<fs, upon account, towaras the fupport of thp

royal hofpital at Greenwich^ for the better maintenance of the

feamen of the Ciid hofpital, worn out and become decrepit in the

fcrvice of their country.

,51,^5^1.11. XV. And it is hereby alfo enacted. That out of all 6ranr

4 d. half- the aids or fupplies as atorefaid, there (hall and may be rffied

^"^'/^i?^ and applied any fum or fums of money not exceeding two honf'*

oftceotord- ^^^ g^y ^^^ thoufand four hundred fifty five potjnds, twd

(hillings, and foiir pence halfpenny, for or towards defiravih^

the charge of the office of ordnance for land fenrice, for the

year one thoufand feven hundred and forty four, perfbntied

and to be performed, and for defraying the jcxtraordlnitry ex«

pence of the office of ordnance for land fervicc, not provided

for by parliament; and for the pay of artillery people and ftofcSj

provided by the office of ordnance j and towatds building forfi;

fications to fccure the new fettlement at Rattan^ for the yeaf

one thoufand feven hundred and forty four.*

XVI. And it is hereby likewife cnaflcd. That out of all or
any the aids or fupplies provided as aforefaid, there (hall an4
may be ifTucd and applied any fum or fums of ihotiey not ex-
ceeding two million one hundred feventy one thoufand fire hun-
dred fgrty nine pounds, ten (hlHin|5, and two pence, for de^
fraying the charge of guards, garrifons, and marines, and the
contingent charges thereof in Great Britain^ Guernfrjy and T*^*
and for maintamiqg his Majefty's forces and garrifonsin the
plantations, Mviorca^ and Gibraltar ^ and for provifions for the
garrifons of Annapolis Ro)aly Canfi^ Placentia^ Providence^ Gibrt^
tar^ Georgia^ and Rattan^ for the year one thoufand feven hundred
and forty four ; and for or towards defraying the charge of his
Majefty's army to be employed abroad in the Low Countries^
Germany^ or elfewhere ; ?ind for ojher fervices relating ther'etb,
for the year one thoufatid feven hundred and forty tour; and
for or towards defraying the extraordinary charge of forrage,
waggon money, and otlier expences. incurred or to be incurred,*

innce.

^.t:«i549l*
70 5< sd. for
guards, gaiTi
Ions, anr
rincs*

ma-

Extmordi-
nary charge
of forrage»
wagfiTon mo-
pey'&c.

4^1 Aanadedmo feptima GkoHQii IL c. 33. 247

1m ftnrice of the year one thoufand feven hundred and forty s»4>o»3 1. 8 s.
; and any fum or fums of money not exceeding five hun- 3 d. tor extra-

twenty lOur thoufand twenty three pounds eight (hillings, thzrgetoi
three |>ence, on account of the extraordinary charges of the the troops
pa ftrving in Flanders^ incurred in the years one thoufand in Flanders.
\ hundred and forty two, and one thoufand feven hundred ^^ .
forty three, and not provided for by parliamoit ; and any fo'd??b'r'itV
or fums of money not exceeding fixty fix thouland one fence of th«
Ired and nine pounds, thirteen fliillings, and ten pence, on North Ameri-
xount of extraordinary fervices incurred in Georgia^ for the ^*" J^''^*
svation and defence of his Majefty's dominions on the con- ^^^ *'
It oi North America^ from the twenty fecond day of Septem- i9»"^8l« «' ••
one thoufand feven hundred and thirty eight, to the twenty J- ^j^'^ ^^
1 day of SiptimbeTf one thoufand feven hundred and forty rangers) a
s, and not provided for by parliament ; and any fum or bigbland
I of money not exceeding nineteen thoufand one hundred company, &g«

eight pounds, eighteen Ihillings, and four pence, for the "* ^«>r6:i*-
ge of two troops df rangers, one highland company, toge- 37,703!. 17 s.

with the charge of half galleys or fcooners, failors and 7 d. i q. for
men, to be employed in Georgia^ for the faid year one thou- f^^Jg^ oftc-

feven hundred and forty four j and any fum or fums of neral and ftaff
ey not exceeding thirty (even thoufand feven hundred and ofHcers, and
e pounds, feventeen (hillings, and feven pence farthing, for J®i^?"fl^ ^*

Ky and forrage of the general and ftafF officers, and likewife p^iSdw^*
5 pay of the officers of the hofpital ferving with his Ma-
's forces in Flanders^ for the faid year one thoufand feven 54.60]. fbf
ired and forty four ; and any fum or fums of money not ^oii^ loft at
cding five thoufand four hundred and fixty pounds, for J^cttinwn^^
iding three hundred thirty one horfes loft at the battle of *^*

"ingen ; and any fum' or fums of money not exceeding twenty
(land nine hundred fifty nine pounds, four (hillings, and 10,959 1* 4*
pence farthing, for defraying the extraordinary expences and 5 d. 1 q. tot
ices of his Majefty's land forces in Great Britain^ Minorca, extraordinary
-altary and the plantations, incurred in tlie year one thou- j*^*^ j^^r" oft\»
. feven hundred and forty three, and not provided for by o^cat^ritain,
lament; and any fum or fums of money not exceeding Minorca,Gib'
cy one thoufand fix hundred ninety five pounds and twelve r^ltar, &c.
ings, upon account of half-pay to the reduced officers of his r*'l'^J' "'*
dlv*s land forces and marines, for the year one thoufand -Yi* L for^*
n nundred and forty four, fubje(5t to fuch rules to be ob- penfioos to
ed in the application of the faid half-pay, as are herein reduced ofiL?
r prcfcribed concerning the fame; and any fum or fums of ^^^^***^'^*
ley not exceeding three thoufand eight hundred and twelve
nas, for paying of penfions to the widows of fuch reduced
xrs of his Majefty's land forces and marines, as died upon
eftablifhment of half-pay in Great Britain^ and who were
ried to them before the twenty fifth day of December, one
iitand feven hundred and fixteen, for the faid year one thou-
I feven hundred and forty four; which faid fum of three
Liiknd eight hundred and twelve pounds, (hall be i(rued to
\ pqrlbn or perfbns, as his Majefty (hall, by warrant or war-

R+ rants

?4ff

aoo,ooot. to
snake good
engagements
Vflui the Iving
of Saidjnifi.
jooyuoo 1. to
snake good
engagements
witti the
Queen of
Hungary.

Several defi-
ciencies niade
gbod to tlie
Zhking fufid,
viz.
4391 1.19 8.

5d. for the
additional
fiam^ duties.
4.1,000!. for
intereft of
ijionev bor-
rowea on the
tilt duties,

«»95^f f«
1 d. deficien-
cy of the pot

on the duty
on fwccts and
made wines.
»o,ooo 1. to-
wards main-
taining the
African forts.
4,00^1. for re-
pairing l&t. Pe-
ter's Wcft-
ininilq'*

Anno dccimo feptitno GsoRGll IL 0.331 C^744«

rants under his royal fign manual, dirc6t or appoint to receive
the fame, to be by him or them paid over to fuch widows of
half-pay officers, or their affigns, acxrording to fuch eftablilh-
meuts, lifts, or other dire6tions, and with and fubject to fuch
conditions, qualifications, or other allowances for the fame, as
his Majctty, by fuch and the like warrant or warrants, (hall be
gracioudy plcaled to diredl and appoint.

XVIL And it is alfo hereby ena6led. That out of all or any
the aids or fupplies provided asaforefaid, there (hall and may be
iiTucd and applied any fum or fums of money, not exceeding
two hundred thoufand pounds, to make good his Majefty's en-
gagements with the King of Sardhiidy purfuant to treaty; and
any fum or fums of money not exceeding three hundred thou-
fand pounds, to make good his Majefty's engagements with the
Queen of Hun^ary^ for the fupport of the houfe of Aujlriay and
reftoring the balance of power in Europe.

XVlil. And it is hereby alfo enadled. That out of all or any the
aids or fupplies provided as aforefaid, there (hall and may be
ilTucd and applied any fum or fums of money not exceeding
four thoufand three hundred ninety two pounds, nineteen (hil-
lings, and five pence, to replace to the finking fund the like
fum paid out of the fame, to make good the deficiency of the
additional ftamp duties at Chrijlmas^ one thoufand feven hunr
dred and forty two; and any fum or fums of money not exceed-
ing forty two thoufand pounds, to replace to the finking fund the
like fum paid out of the fame, for one year's intereft due on or
before the fifth day of Novembir^ one thoufand feven hundred
and forty three, on the principal fum of one million two hun-
dred thoufand pounds, lent on the credit of the fait duty to-
wards the fupply of the year one thoufand feven hundred and
forty one ; and any fum or fums of money not exceeding eight
thoufand two hundred ninety five pounds, nine (hillings, and
one penny, to replace to the finking fund, the like fum paid
out of the fame, to make good the deficiency of the duty upon
all vi(5tuallcrs and retailers of beer and ale, witinn the cities of
London and JVefiminfler^ and the weekly bills of mortality, at
Midfummer^ one thoufand feven hundred and forty three; at
which time the faid duty was determined, and the fum of four
hundred and eighty one thoufand four hundred pounds charged
thereon, was transferred to the duties on licences to fell fpiri-
tuous liquors and ftrong waters by retail ; and any fum or fums
pf money not exceeding thirteen thoufand eight hundred and
feventy pounds, feven (hillings, to replace to the finking fund
the like fum paid out of the fame, to make good the deficiency
of the duty of twelve (hillings a barrel, on fwects or wines
made from Britijh or foreign fruits or fugar at MUhaclnias^ one
thoufand feven hundred and forty three; and the fum of twenty
thoufand pounds to be applied towards the maintenance of the
Britijb forts and fettlements belonging; to the royal African
company of England^ on the coafts ot Africa \ and any fum
or fums of money net exceeding four thoufand pounds^ to-

i944f] Anno dcdmo fepdmo Georgii II. o. 33. 149

wanls the repairing and finifhing the collegiate church of Saint 4000 1. for St*
Psterj H^eftmnfter ; and any fum or fums of money, not ex- ^^^^^gj-^
ceeding four thoufand pounds, for the repair of the parilh ^
church of Saint John the Evangeliji^ Wefitninjler.

XIX. And it IS hereby enacted. That put of all or any the ^ 5,000 1. to-
aids or fupplies provided as aforefaid, there (hall and may be wards build-
iflued and paid to the commiffioners for building a bridge crofs ing Weftmiii<»
the river Ihamesy from the city of fFeftminJicr to thD oppofite ^^^ bridge,
(horc in the county of Sw^rey^ or any feven or more of them,

or to fuch perfon or perfons as fhall be appointed under the hands
and feals of the faid commiffioners or any feven, or more of
them to receive the fame, the fum of twenty five thoufand
pounds, without account, other than as is dire^ed for the other
monies raifed by virtue of the feveral former a6ls of parliament
pafifed during the reigp of his prefent Majeily for building the
faid bridge, to be applied towards enabling the faid commiffion-
ers to finifh the faid bridge^ and to perform the other trufts rc*>
pofed in them.

XX. And it is hereby alfo enaAed, That out of all or any , j^ ^^
the aids or fupplies provided as aforefaid, there (hall and may 4d*«q.for
be iflued and applied any fum or fums of money, not exceeding deficiency of
Dne hundred nineteen thoufand nine hundred thirty four pounds, ^^ grants for
four (hillings, and four pence halfpenny, to make good the de- ^"^y^^ *H3«
ficiency of the grants for the year one thoufand fevep hundred

and forty three ; and any fum or fums of money not e;:ceeding 55»^*7l»-j^ s.
fifty five thoufand eight hundred twenty feven pounds fixteen Licn^'of^the
ihillings, and three pence halfpenny, for making good the de- general fund,
^ency of the general fund for the year ended at Mtcbaelmas^
one thoufand feven hundred and forty three.

XXI. Provided neverthelels, and it is hereby declared and en- ^^ ^^^
lifted. That it fliall and may be lawful for his Majefty to iffiie goocTthe fub*
and apply out of the aids aforefaid, fuch fum and fums of money Sdy treaties,
as fhfldl be found neceilary to be ifTued and applied for or to-
wards the payment of fuch fubfidies and other charges as (liall

be due tipon treaties made or to be made with his Majefty's
.aUies, and other expences for the fervice of the war, for any
jimc before and until the twenty fifth day of December j one
thoufand feven hundred and forty four.

XXII. And be it enadted. That the faid aids or fupplies The Cbrego-
provided as aforefaid (hall not be iffued or applied to any ing aids not
ufe, intent, or purpofe whatfoever, other than the qfes and pur- J^ ^ *^k*^
^fes before mentioned, or for the feveral deficiencies or other Se«"^ ^^
payments directed to be fatisfied thereout by any a(5t or ads, or

any particular claufe or claufes for that purpofe contained in any
Other ad or ads of this prefent feffion of parliament.

XXIII. And as to the faid fum of thirty one thoufand fix Rules for the
hundred ninety five pounds, and twelve (hillings, by this ad application of
appropriated on account of half-pay, as aforefaid ; it is hereby half-pay.
enaded and declared by the authority aforefaid. That the rules

berein after prefcribed (hall be duly obferved in the application
Iberepf i that i$ to fay>.Tbat no perfon (hall have or receive any

.6 par?

a50 AnnockcimoieptimoGftORQii II. c.33« ^74^

part of the famo, who was a minor, and under the age of fixteen
jears, atthe time when the regiment, troop, or company, in which
he ferved, was reduced ; that no perfon mall have or receive any
part of the fame^ except fuch perfons who did aifhial fervice in
fome regiment, troop, or company ; that no perfon having any
other phce or employment of profit, civil or military, under
his Majefty, (hall have or receive any part of the faid half*pay }
that no chaplain of any garriibn or rqpinent, who has any ec*
clefiaftical benefice in Great Britain or Inkmi^ (hall have or re^
ceive any part of the faid half-pay; that no perfon (hall have or
receive any part of the fame, who has refigned his comndflion,
and has had no commiffion fince ; that no part of the £uiie
ftall be allowed to any perfon by virtue of any warrant or ap-
pointment, except to iiich perfons, who would have been other^i
wile intitled to the fame as reduced o£kers ; and that no part
of the fame (hall be allowed to any of the officers of the five regi«
ments of dragoons, and eight regiments of foot, lately diihuid^
ed in Ireland^ except to fuch as were lately taken off the cftab-
|i(hment of half-pay in Gfreat Britain.
y^Geo»s.c.s5. XXIV. Jni tvBinas by an a^ cf parUament made in tb$ fix*
tanth year §f his Majejifs reigny tntitukd^ An a£t fcH- granting
to his Majefty the fum of one million out of the (Inking fundi
and for applying a further fum therein mentioned, for the fer«
vice of the year one thoufand feven hundred ^ forty threes
^ and for the further appropriating the fupplies granted in tUs

fe(fion of parliament ; feveral fupplies which had been granted t§
his Majefty^ as is therein menticnedj were appropriated t§ feveral ujes
and purpefes therein exprejfed^ amon^ whiehj any fum or fanu rf
men^ not exceeding twenty fix thcufand one hundred thirty feven
pounds^ and ten penee^ was appropriated to be paid to the reduced
officers of his Majefifs land forces and marines j fubjeit neverthdifs
to fuch rules to be obferved in the application of the faid half-pay^ as
in and by the qforyaid aSl were prefcribed in that behalf ; now it is
hereby provided, ena<5^ed, and declared by the authority aforc^
The overplus (^1^9 That fo much of the faid fum of twenty (ix thoofand oac
of laft year's hundred thirty feven pounds, and ten pence, as is or (hall be
half pay, to mor^ than fufficient to fatisfy the faid reduced officers according
thV/ompaf-^ to the rules by the faid ad prefcribed to be obferved in the appji-
iionate lift. ~ cation thereof, or any pgri of fuch overplus, (hall or may be djf*
poied of to fuch officers as are maifned or loft their limbs in the
late wars, or fuch others as by reafon of their long fervice, or
otherwife, his Majefty (hall judge to be proper objedls of cha^
rity ( or to the widows or children of fuch officers, according^
fuch warrant or warrants, under his Majefty's royal fign manual,
as ftiall be figned in that behalf; any thing in this a^ or thelai4
former a6b to the contrary i|otwith(tanding. \

Provifion for exchequer bills anid lottery tickets loft, burnt, &p. Tiiq^
^iven to clerks and apprentices, &c. to pay the duties. Exp. '

XXVII. jfnd whereas divers perfons did (in purfuance and upon
the credit of an aH of parliament made undpaffed in thf feeond yeatr

of

0/ the nlgn of her hte ifmjefty ^an Anne, intitukd^ An aft for « Ann. c. j,
granting an aid to her Majefty tor carrying on the war, and other
her Majefty's occafions, by fe(ling annuities at fevend ratts^ an4
for fuch refpe<5tive temfis or eftates, zs are therein mentioned)

pnrihofi fiveral dfinmtm payable at the reaipt of the exchequer fit
tb^ life and Hves of one, two^ a§d three perfon or perfons rejpe£live»
fy : and whereas divers perfons did (in purfuanct and upon the eredit

of another aH of parliament made tn the third year of the reign of
her faid late majefij ^ueen Anne^ intifuledj An a(5t for raifing 3 Ann. c. t.
nionies by fate of feveral annuities for carrying on the prefent
¥>ar) pnrchafe a reverfionary of future eftate or intereft in feveral of
thifaid anmtities payable by virtue of the faid former ait, to take
^eiffrm and after the determination of fuch refpeilive ejlates for
ane, two, or three life or lives in being, and to continue for and during
the refidue and remainder of a term of ninety nine years therein men-
tionia, to tomthence and be computed from the twenty fifth day of
March, ene thoufand feven hundred and four, and then to come and
unexpired: and whereas feme of the fatd nominees for whoje lives
fome of the faid annuities are fo have been held, cannot be found or
beard of, and the parties that are or were intitled to fuch annuities,
do not tome or fend to demand the faid annuities, fo that it is become
uncertain whether fitch nominees be living or dead, whereby the titles
of the purchafers of fuch reverfions are become and will become dif-
pUfable ; for remedy whereof, be it enadted by the authority a-
forefaid. That in cafe any of the faid annuities (whereupon the The timeflxt
reverfton or reverfions were fo purchafed asaforefaid) are or (h til fbrannuitanu
liot be demanded at the exchequer for the ^ce of two years next claiming,
after the fame (hall become payable; and in cafe certificates of
the life and Kves of any nominee or nominees, upon whofe life
or lives atw annuities do depend, (hall not be produced to the
officers of his Majefty's exchequer, oribfficient proof made
ihereoT according to the rules prefcribed by the former a6h.
Within two ypars next after the faid annuities (hall, from time
p time become payable, then, and from thenceforth, front and
tfter the expiration of the faid two years, fuch nominee or no-
ifrinees of whofe life or lives no fuch certificate (hall be pro-
duced, or proof made, (hall be taken to be dead, and the per-
f6rt or perfons that hath or have purchafed, or (hall hereafter
purchafe fuch reverfion or rever(ions of fuch annuity or annui-
ties expe6lant upon the death of fuch nominee or nominees, of
iHiofe life or lives no fuch certificate (hall be prodifced, or proof
intde, (hall receive the faid refpefHve annuity or annuities, from
tfttte to tin^e, until fuch certificate (hall be produced, or proof
fiitdc, and (hall not be accountable for fuch part of the faid an-
nuity as he (hall then have actually received, for default of fuch
certificate or proof; any thing in the faid former a6t or adts of
parliament contained to |:he contra^* notwithftanding.

CAP.

w

259 Anno decimo feptimo Georgii II. c.34; [1744.

CAP. XXXIV.

^ all for the better encouragement of feametf in bis Maje-
fiy^sfervice^ and privateers^ to annoy the enemy.

' H E R E A S hh Majefly bmg engaged in a juft and neujfarj
war again France, and being refohed to profecute tbefanu
with the utmoji vigour ^t has for the encouragement of hi% faitbftd fub'
jells ^ ferving on board his Jbips of war ^ or privateers^ been gracimfif
pleafed^ by bis royal declaration,^ bearing date the twenty ninth day ef
March, one thoufand feven hundred and forty four^ to grants that
the flag officer Sy commanders and officers^ feamen^ marines and foldiers
, on board every Jbip or vejfel of war in his Majefly" s pay^ and on board
privateers J fiall have the fole inter efl and property of and in all and
everyjhipj veffel^ goods and merchandizes^ andeffe£ls^ %vhicb they Jball
take during the continuance of this war againjl France, being £rft
adjudged lawful prize in any of his Majejlfs courts of admiralty of
Great Britain or Ireland, or any of his plantations in America, or
ether dominions of Grezi Britain ; and whereas by an aB made in the
91 Geo. »• C.4. thirteenth year of his Majejly's reign^ intituled^ An aft for the more
eflfeftual fecunng and encouraging the trade of his Majefty's
Britijh fubjcdts to America^ and for the encouragement of fea*
men to enter into his Majefty's fervicc, the fole tnterejl and pro*
perty of and in all and every Jbip^ veffily goods and merchandize^
taken from the Spaniards, is given to the flag officers^ commanders
aful other officers, feamen, marines and foldiers on board every Jbip
and vejfel of war tn bis Majeflfs pay, and to privateers ( being frjl
adjudged lawful prize in any of his Majejifs courts of admiralty in
Great Britain, or in his plantations in America, or elfewhere) and
divers rules and regulations are therein eflablijhed for the adjudication
and condemnation of prizes taken from the Spaniards i and by the
faidaft a bounty is given to the officers, feamen, marines^ fyldiers, or
others thatjhall have been actually on board fuch of his Majefly's Jbip
or Jbips of war or privateer or privateers, in any action where Of^y
Jhip or Jhips of war, or privateers, Jball have been taken from the
enemy, funk, burnt or otherwife deflroyed: and whereas it is necejfary
that the fame encouragements in all refpe^s Jhould be given to tiff
captors of French Jbips, vejfel^, goods and merchandizes, and the
fame rules and regulations Jhould be obferved in the adjudication and
condemnation of prizes taken from the French : now to the end that
his Majefty's mod gracious intention may have full force and cf-
feft, and for the better carrying on the faid war 9gainft France
with vigour, ^nd for the encouragement of the officers and fea-
men of his Majefty's (hips of war, and the officers and feamei^
of all other Britijh (hips and veiTels, having commiffions, or
letters of marque; and for inducing ;ill Briti/b feameq, wha
may be in any foreign fervice, to return into this kingdom, and
become ferviceable to his Majefty, and for the morp eflfeftual te^
curing and extending the trade of his IVlajefty's fubje<Sis, be it
enabled by the King's moft excellent majefty, by and with the
advice and confent of the lords fpiritual and temporal, and com-
inonsj in thi$ prefent parliament ailembled^ an() by the aMthori--

1744*1 Anno dedmo feptimo GeoroIi II. c. 34* 253

ty of the fame, That the flag ofiicers, commanders and other Ships of w«r
officers, feamen, marines and foldicrs, on board every (hip jind J" r^ ""*)*-
veffel of war in his Majcfty's pay, (hall have the folc intereft and havc^theVoTc
property of and in all and every (hip, veflTcl, goods and mcr- propcrtj^of all
chandizes which they have taken on or (ince the twenty ninth tbcir prizes,
day of March^ in the year of our Lord one thoufand feven hun-
dred and forty four, or (hall hereafter take (being firft adjudged being firft ad«
lawful prize in any of his Majeft/s courts of admiralty in Gnat judged in the
Britatriy or ia his plantations in America^ or clfewhcre) to be ^2ty^
divided in fuch proportions, and after fuch manner, as his Ma-
jcfty by his faid declaration, bearing date the twenty ninth day
of Marchy one thoufand feven hundred and forty four, ordered
and directed ; or in fuch proportions, and after fuch manner,
as his Maje(ly, his heirs and fucce(rors, (hall think fit to order
and direA, by proclamation or proclamations, hereafter to be
iflued for that purpofe.

II. And be it further enafled by the authority aforcfaid. That Lords of the
Ae lord high admiral of Great Britain^ or the commifTtoners for admiralty to
executing the office of lord high admiral di Great Britain for the 8*^5 ^^^ *^^»»-
time being, or any three or more of them, or any perfon or per- JJiy^ccrs^
fons by him or them impowered and appointed, (hall, at the
requeft of any owner or owners of any (hip or veflTcl, giving
fuch bail and fecurity as have been ufually taken upon granting
commiflions or letters of marque (except only for the payment
of the tenths of the value of prizes which (hail be taken, to the
lord high admiral, or commiffioners for executing the office of
lord high admiral for the time being) caufe to be i(rued forth in
the ufual manner one or more commi(fion or commiflions to any r^^ ^ r
perfon or perfons whom fuch owner or owners (hall nominate ^hefr commif-
to be commander, or in cafe of death fucceffively commanders fions.
of fuch (hip or veflel, for the attacking, furprizing, feizine and
taking, by and with fuch (hip or veflfel, or the crew thereof, any
place or fortrefs upon the land, or any (hip or vc(rel, goods, am-
munition, arms, (lores of war, or merchandizes belonging to
or poflTeflfed by any of his Maje(ty's enemies in any fea, creek,
haven or river, and that fuch (hip or ihips, vefle] or veiTels,
arms, ammunition, (lores of war, goods and merchandizes
whatsoever, with all their furniture^ tackle or apparel, fo to be
taken by or with fuch private owner or owners (hip or veffel,
according to fuch commiflion and commiflions (being firft ad-
judged lawful prize in any of his Maje(ty's CQurts of admiralty
as aforefaid) (hall wholly and intirely belong to, and be divided Prhrafc«r»
between and among the owner and owners of fuch (hip or veflfel, hav*e^*h/pro-
and the feveral perfons which (hall be on board the fame, and fit of their
be aiding and affifting to the taking thereof, in fuch (hares and prizes accord-
proportions as (hall be agreed on with the owner or owners of *"S ^^1^^*^ .
fuch (hip or veflcl as ftiall be the captor thereof, their agents or Jhe owners.
faSors, as the proper goods and chattels of fuch owner or own-
ers, and the perfons that fliall be thus entitled thereto by virtue
of fuch agreements among tbemfelves ; and that neither his
Majefty9 his heirs or fuccdTors, or any admiral, vice admind,

governor

j(54 ^^ dcclmo fepdmo GsoRGli tl. c. g4. r<744*

eovernor or other perCbn cominiffioaed by or claiming undcar hk
Majefty, his heirs or Aicoeflors, or any perfon or pemos what*
ibever, other than the owner or owners of Aich (hip or ve&I,
being the captor of fuch prize, (hip or veflel, anns» ammuoi-
Cion, ftores of war, goods and merchandizes, and the per&ms
claimingunder him or them, (hall be entitled to any part or (hare
thereof (except as to the cuftoms and duties hereafter mentioned)
any cu(h>m, ftatute or other law to the contrary notwithfianding.
Method of ^^'' ^^^ ^^^ ^'^ more fpeedy proceeding to coodeamatioo or
eondemning «ther determination of any prise (bip or veflcl, £oodg or mer-
tbe prises. cbandizes taken as aforefaid, and for ledening of the expences
that have been ufual in the like caies; be it Uirther enaiA^by
the authority aforefaid, That the judge or judges of fuch court
of admiralty, or other perfon or peribns thereto authorized fiiaU,
within the fpace of five days after requeft to him or them for
that purpofe made, fini(h the ufual preparatory examination ;of
the per(bns commonly examined in fuch cafes, in order to prove
the capture to be lawful prize, or to enquire whether the J&me be
hwfiii prize or not; and that the proper monition ufual in Aich
cafes (hall be liTued by the perfon or perfoas proper to ifllie the
iame, and (hall be executed in the ufual maoner by the perian
or perfons proper to execute the fame, within the fpace of thise
days after requefl in that behalf made ; and in cafe no daim^f
iuch capture, (hip, veflel or goods (hall be duly entered or made
in the ufual form, and attefted upon oath, givin? twenty days
notice after the execution of fuch monition, or if there be fuoh
claim, and the claimant or claimants (hall not within five days
give fufficient (ecurity (to be approved by fuch court of admi-
ralty) to pay double cofts to the captor or captors of fuch (hip,
veflel or goods, in cafethefame fo claimed (hall be adjudraLlaw-
ful prize that then the judge or judges of fuch court m admi-
ralty fhall, upon producing to him or them the fiiid examina-
tions, or copies thereof, and upon producine to him or tfaeyi
upon oath, all papers and writings which (haU have been £Mmd,
taken in or with fuch capture, or upon oath made that no fuch
papers were found, immediately, and without further delay,
proceed to fentence, either to diichargeand acquit fuch capture,
•or to adjudge and' conden\p the fame as lawful prize, according
. as the cafe (hall appear to him or them, upon perufal of fiich
preparatory examinations, and alfo of the writingsfoundytakn
in or with fuch capture, if any fuch writing (hall be found; and
in cafe fuch claim (hall be duly entered or made, and fecuri^
giv^ thereupon, according to the tenor and true meaning of this
z&y and there (hall appear no occa(ion to examine any witneAs,
other than what (hall be then near to fuch court of admiralty ;
that then fuch judge or judges (hall forthwith cauGs fuch wit*
nefles to be examined within the fpace of ten days after, fudh
•claim made, and fecurity given, and proceed to fuch fentence
as aforefaid touching fuch capture ; but in cafe, upon making
or entering fuch claim, and the allegation and oath thereupon,
or the producing fuch writings as Aall have been found, taken

in

1744-1 Anno decioK) feptimo GcoRQii 11. C.34. 155

in or iivith fiich capture, or upon the faid preparatoij examin-
tions, it fhall appear doubtful to the judge or judges of fuch court
of admiralty, whether fuch capture be lawful prize or not, and
It (hall appear neceffary according to the circumftances of the
cafe, for the dearine and determining fuch doubt, to have an
examination upon pfeadings given in by the parties, and admit*
ted by the judge, of witnefTes that are remote from fuch court
of admiralty, and fuch examination (hall be defired, and that it
be ftill infifted on, on behalf of the captors, that the faid cap-
ture is lawful prize, and that the contrary be ftill pcarfifted in on
the claimants behalf, that then the faid judge or judges (hall
fioTthwith caufe fuch capture to be appraifed by perfons to be
named by the parties, and appointed by the court, and fworo
truly to s4>praiie the fame according to the beft of their (kill and
knowled^, for which purpofe the laid judge or judges (ball caufe
the goods found on board to be unladen, and an inventory thereof
being firft taken by the marihal of the admiralty or his deputy^
ihall caule them to be put into proper warehoufes, with feparate
locks of the colledor and comptroller of the cuftoms, and where
there is no comptroUer,of the naval ofBcer,and the agents or per-
fims^mployed by the captors and claimants at the charge ot the
party or parties defiring the fame, and (hall after fuch appraKe-
llient made, and within the fpace of fourteen days after the
making of fuch claim, proceed to take good and fufficient fe*
curhy nrom the claimants to pay the captors the full value there-*
of according to fuch appraifement, in cafe the fame (hall be ad-
ju^;ed lawful prize ; and (hall alfo proceed to take good and
fufficient fecurity from the captors to pay fuch cofts as the court
(hall think proper, in cafe fuch (hip (nail not be condemned as
lawful prize ; and after fuch fecurities duly given, the faid judge
or judges (hall make an interlocutory order for releafing or de-
livmng the fame to fuch claimant or claimants, or his or their
agents, and the fame (hall be adtually relcafed or delivered ac-
cordingly.

IV* And it is further enaAed by the authority aforefaid. That ^f the claim-
if any claimant or claimants (hall refufc to give fuch fecurity, anti«fttfcto
the judge or judges (hall caufe the captor or captors in like man- fhc^^tors^'
ner, to give good and fufficient fecurity, to be approved of by may^imd pro-
the claimant or claimants, to pay the faid claimant or claimants cc€d to tnal.
the full value thereof, according to the appraifement, in cafe
any fuch capture or captures (hall be adjudged not to be lawful '
pnze ; and the did judge or judges (hall thereupon proceed to
make an interlocutory order tor the relea(ing and delivering the
fame to the faid captor or captors, or their agents.

V. And it is further enadled by the authority aforefaid. That Method of
all (ucb captures as aforefaid, which (hall be brought into any proceeding
of his Maje(ty^s colonies or plantations in Ammcdy^ (hall, with- ^*^'*-^-^
out breaking bulk, (lay there and be under the joint care and ^|S|^of the
cuftody of the collector and comptroller of the cuftoms, or where American co-
there vi no comptroller, of the naval officer of the port or plaqe loniet.
«rhere the (ame (hall be brought, and all the captors thereof,

and

2^6 Anno dedmo ibptimo Georgii II. c. 34S i^7H*

and ttveir agents, tuhjtSt to the diredions of the court of ^idm-
^ , ralty, until either the (ame (hall, by final fentencc » have been
either cleared and difcharged, or adjudged and condemned at
lawful prize, or that fuch interlocutory order as aforefaid, OuU
have been made for the releafing or delivering of the fame; and
upon the condemnation or adjudication thereof as lawful prvce,
ihall, in cafe the fame were taken by any fuch private (hip or.
(hips commiffioned as aforefaid, be immediately delivered ootQ .
the captors thereof, and their aeents, to be by themdifpofed^i
as their goods and chattels ; and in cafe the fsime were takeqiby.
any of his Majefty's (hips of war, unto fuch perfon or perfonii
and to be fo divided and difpofed of, as his Majefty has, hf
his faid declaration, ordered and directed, or as his Maje(lyj
his heirs and fuccefTors (hall, by proclamation or proclam'atioiis
hereafter to be ifTued for that purpofe, order and direct,
p . VI. And be it further enadlcd by the authority aforefiid^

judges abroaS That if any judge or judges, or other officer or officers in any of
delaying trial. ^^^ Majefty's plantations or dominions abroad, to whom refpisc*
tively it mall appertain, (hall delay the doing, perfotf^miog^
makmg or pronouncing any of the feveral proceedings, oxatters^
or things, for, towards, or relating to condemning or dtfchaig*
ing, releafing or delivering of any luch capture in manner afoie- -
faid, within the refpedive times herein before limited, or aislboii
as the fame, or any of them, ought to be done, accordins.td
the tenor and true meaning of this adl, all and every fuchi>
judge and judges, and other officer and officers (hall, for every .
fuch offence, forfeit the fum of five hundred pounds; one
moiety thereof to his Majefty, his heirs and fucce(lbr$, the other
moietv thereof, with full cofts of fuit, to fuch perfon or perfons ,
who (nail inform or fue for the fame, in any ot the courts iaot
for any of his Majefty's faid colonies or plantations, or in aoy
of his Majefty's courts of record within his kingdom of GriMt
Britain,

VII. And it is hereby further enadcd by the authority afore*

^*in the '^'^^ ^^^^ ^^^^^ ^^*' "^^ ^ P**^ ""^^» or among all the judget
courtsof ad- *"^ officers of fuch court of admiralty in any of his Majefi^'t.-
miraltya- plantations or dominions abroad, for, . towards, or relating, to
broad, for the adjudging or condemning of fuch capture as aforefaid, as
trying and lawful prize, above the fum of ten pounds, in cafe fuch prize,
oon^emnmg ^.^^ ^^ \c![q\ be under the bunhen of one hundred tons». oor
above the fum of fifteen pounds, in cafe the fame be of that o^
any greater burthen; and that upon payment of either of th<f<
faid refpe(5tive fums, as the cafe (nail require, to the faid judgft ^
or judges, or any of them, to be by him or them difpofei Q^.\
divided, as he or they (hall think fit, among the officers of •
fuch court; fuch judges and officers, and every of them, (hall be
liable to all and every the feveral penalties hereby impofed (of
negleAing or delaying to do and perform their feveral and re* .
fpedtive duties or offices, in and relating to the feveral proceed- *
ings aforefaid, within the refpedlive times herein for that purpofi^
limited.

VU.>Aim1

'744« ] -Afiiio dedmo fepdmo Gbokgii IL c. 34. 2^7

VIII. Provided nevcrthelers, and it ii hereby further enaded Anneal to
by the authority aforefaid. That if anv captor or captors, claim-r coa^aiiflioa*
int or daknanta fliall not reft fatisfied with the fentence given in ert.

Tuch court of adoiindty in any of his Majefty'a plantations or
lominions abroad, it (Kail and may be lawful for the party or part-*
cs thereby aggrievedjto appeal from the faid court of adniiralty to
he comniiffionera appointed or to be appointed under the great
bd of GrM Britain^ for receiving, hearing, and determining
ippcala in caufes of prizes; fuch appeal to be allowed in the like
MBoer aa appeals to fuch commiflioners are now allowed from
he court of admiralty within this kingdom, fo as the fame bo
tmic within fourteen days after fentence, and good fecurity be
ikewife given by the appellant or appellants, that he or they
vsll efieAually profecutc fuch appeal, and anfwer the condem-
Mdon, and alfo pay treble cods, as (hall be awarded, in cafe
he ientence of fuch court of admiralty be affirmed ; any thing
n this aA before to the contrary hereof in any wife notwith-
landine.

IX. Provided always,. That the execution of any fenteiv^e fo Appellant to
ipptaled from as aforefaid, (hall not be fufpended by reafon of give fecurity.
Each appeal, in cafe the party or parties appellate (hall give
iiflieicnc fecurity, to be approved of by the court in which luch
Reatcnce (hall l>e given, to teftore the (hip, \ctkl, goods, or

eflUtet concerning which fuch fentence (hall be pronounced, or
the Aill value thereof, to the appellant or appellants, in cafe tho
[ehtence fo appealed from (hall be reverfed.

X. And he it enabled, That in cafe any perlbn who .was not
I paity in the firft inftance of the caUfe, (hall interpofe an ap«
p^ mm a fentence given in any admiralty court, (uch perlbn,
or his or her agent, (hall, at the fame time, enter his or her
daion, otherwife fuch appeal (ball be null and void.

XI. And be it further ena^ed by the authority aforefaid, y^ forfeit
That if any commander or commanders, officer or officers, treble the
feamea, marines, I'oldiers, or others, (hall break bulk on board, value for

or imbczil any of the money, jewels, plate, goods, merchandize, ^^^^ '"w^d
tackley furniture, or apparel of or bebnging to fuch prize or ^y ^^
prisea fo taken; fuch commander, officer, feaman, manne, fol-
dicTy or others, (hall forfeit treble the value of all fuch money,
}ewel», plate, goods, merchandize, tackle, furniture, or apparel,
Bi ho or they (nail imbezil ; one third part thereof to be to the
ufe of Grmnmch holpital, and the other two third parts there-
pf, to biia or thorn that will fue for the- fame, by action of debt,
pliiRt* or infoMnation, in any court of record in Great Britain^
ui which no eflbtn, proteflion, or wager of law, or more than
one imparlance (hall be allowed.

, XII. And be it further ena6ted by the authority aforefaid, A^rnt';for
That all appraifements and fales of any (hip ^r (hips, goods, f^*« <'^ prif-es,
wares; or merchandizes -as (halt be taken by any of his Majcfty's ^^^J^ *^
fiiipi of war, (hall be made by agents .or perfons nominated and ^^ *
appointed in equal numbers by the commander, officers, or
(bip*s company, and others entitled thereunto (tlia( i^ 10 fay)
AfoL. XVm. & that

ap.

258 Anno decimo feptioio Georgii II. c. 34; [1744.

that if the commander or commanders of fuch (hip or (hips as
(hall take any fuch prize or prizes, (hall nominate and appoint
one or more perfon or perfons, agent or agents, to fell or ap-
praife the fame as aforefaid, then the officers entitled thereunm,
or the majority of them, (hall nominate and appoint the like
number of perfons or agents to adt for them, and the (hip's
company, and others, or the major part of them, (hall alfo no«
minate and appoint the fame number of perfons or agents to ad
on their behalf in fuch appraifement or fale.

XIIL Provided, That nothing herein contained, (hall extend
or be conftrued to alter or make yoid any agreement or agree-
ments, made or to be made in writing, between the owncn,
officers, and feamen of any private (hips or vefTels of war.
.. . XIV. And be it further ena<5tcd by the authority afbredud,

d« tlf^pVen ^^^^ ^^^^^ ^^^ ^^^ ^^ ^^^^^ ^^ ^^^^ P"^^*^ ?^ P"^* as (hall be
by agents, of taken from the enemy, by any of his Majefty's (hips of war,
the day ap- publick notification (hall be given by the perfons or agents ap-
pointed to pay pointed as aforefaid, of the day appointed for the payment of
^^^^'^ the feveral (hares to the captors aforefaid; after which publick
notification, if any mens (hares (hall remain in the hands of
the perfons or agents appointed as aforefaid, either belonging to
Shares notde- fuch men as (hall be run from his Majefty's fervice, or #liich
mandcd in 3 f^.^^^ ^^^ ^ legally demanded within three years, then Aidi Aiare
^mnw^^ ^ or (hares fo remaming in the perfons or agents hands, or belbng-
hofpital. ing to fuch men as (hall run from his MajeAy's fenrice, (hall go

and be paid to the ufe of Greemvich hofpitah
p . ' XV. Provided always, and belt declared and enacted ^tkc

tmp^him' authority aforefaid. That nothing herein contained (hall efttetoid,
cuifoms. or be conftrued to extend, to exempt any fhips, goods, utots,
or merchandizes, which (hall be taken as prize, and brougfafi tt
imported into this kingdom, or any of his MajeAy's plantaai<Ms
in Jmirica, from the pavment oi^ any cuftoms or dudes^ 'or
from being fubjeft to fuch reftri<5tions and r^latioqs to whkh
the fame now are or (hall hereafter be liable, by virtue o( liie
laws and ftatutes of this realm. *!

t be ^^^' ^"^ ^^^ ^^^ encouraging his Majefl/s fubjeAs to Iw-
gilmted'to P8^ *^ JO'"^ ^^^ united, as well as feparate expenoes, fsaftf^"
advtuturers. tions, and adventures ; be it further enadted by the authoHiy
aforefaid. That his MajcAy be, and he and his heirs aMtiiKr
ceflbrs are hereby impowered from time to time during''^
continuance of this prefent or any future war^ to gnmf'br
make any charter, commiffion, or grant, charters, commtffioiii,
or grants, for the better or more efFedhial enabling any ibckcy
or (ocieties, or particular perfons, to join in any expeditiMi'tt
adventures, by fea or land, and to fail to and in any feat, ^
the attacking, furprizing, taking, or deftroying any (hipa, gocids,
moveables, and immoveables, fettlements, fadories^ crocks,
harbours, places of ftrength, lands, forts, caftles, and fortifi-
cations, now belonging, or hereafter to belong to, or tt> bt
ponefTed by any enemy of his Majef^y, his heirs or fiiecdbrs;
and for the better making and carrying on any prepantloot for

. fock

i744»l Anno deeimo fepdmo Gborgii IL c. 34. 259

bcb purpofe and purpofes, and for the making and afTuring to
die fixieties and pcrfons which may be cbncerned, their heirs,
FucceffiMrS) executors, adminiftrators, and affigns, full and un-
loubled propenies, rights, and tides of, in, and to, and the «

^ enjoyiooent of ^1 and every the (hips, ammunition, ftores
3f war, goods, chattels, moveables, and immoveables, fettle-
anents, mdories, places of ftrength or fecurity, lands, forts,
aftles, or fortifications, now belonging to, or poflefied by, or
lereafter to belong to, or to be poifefTed by any enemy of his
Maieftyt his heirs or fucceiTors, which fuch fociety or perfons
Ihall take, or caufe to be taken from any fuch enemy; together
mtb all the proceed, profits, and advantages, which may accrue
)f or by the fame, or any of them, with and under fucn regu-
Ijttions, and in fuch manner and form, as his Majefty, his heirs
md fucceflbrs, (hall think fit; and at any time or times after-
wards, by any further granu or charters, to confirm, corrobo-
nite, and further aflTure the premifles, and every or any of them,
to the faid focieties or perfons concerned, their and every of
ihmr heirs, fucceflbrs, executors, adminiftrators, or afligns,
(b as to enable them, and every of them, to have, hold, and
mjoy the full benefit thereof, according to the true intent and
meooing of this a<ft; any law, (btute, provifion, or declaration
to Che contrary in any wife notwithftanding.

' XVIL Provided always. That nothing (hall be contained 1*^^ ^"^
IP ;iay charter, commi(rion, or grant, made in purfuance of this ^^iV**!!-^*
aa, to exclude or reftrain any of his Majefty's fubje^s, fromJoAec^hS^
Inving a full and free trade to the places and territories contain- ed conquefti«
od 10 luch chaners.

XVIII. And as a further encouragement to the officers. Tea-
men^ marines, foldiers, and others, on board his Majefty's
(hips of war, as alfo of privateers, to attack, take, and dcftroy
tny- fliips of force, belonging to the enemy; be it enadled by Bounty mo.
the authority aforeiaid. That there (hall be paid bv the treafurer ney to be paid
of his Majefty's navy, upon bills to be made fortn by the com- for raking or
miflioners of the navy, to be paid according to the courfe there- dcftroyinjthe
^ without fee or reward, unto the o(ficers, feamen, marines, ^"^""«» ^»P«*
bldftCfs, or others, that (hall have been adtually on board fuch
oC .hia Majefty's (hip or (hips of war, or privateer or privateers,
iosaoy aAion where any (hip or (hips of war, or privateers, (hall
h^ve been taken from the enemy, lunk, burnt, or otherwife de-
Iboyed, fince his Majefty's declaration of war againft France,
five pounds for every man which was living on board any (hip
iir:^ip9> fo taken, (unk, burnt, or otherwife deftroyed, at the
bqponjog of the engagement between them; the numbers of
liich- men to be proved by the oaths of three or more of the
chief officers, or men which were bclonging.to the faid (hip or
Qiips of war, or privateers of the enemy, or belonging to any
of- them at the time of her or chcir being taken as prize, funk,
burnt, or otherwife deftroyed, before the mayor, or other chief
«isgi(lnite of the port, within any of his Majefty's dominions,
vhercunU) any prize, or officers, or men of luch ihips as were

S a funk^

26o Anno dccimo fcptimo GeoRGII II. C. j^r [1744.

funk, burnt, or othcrwife deftroycd, (hall be brought ; or be-
fore the Britijh conful, or vice conful, refiding at any neuth|
port, to which fuch prize, or officcrj?, or men, fhall be brought;
v^hich oaths the faid mayor, or other chief magiftrate of any
fuch port, or conful, or vice conful, are hereby impo^ered and
required to adminifter, and rtiall forthwith grant a certificate
thereof, witliout fee or reward, direded to the commiffionersof
tlic navy; upon producing which certificate to the commtffion-
ers of his Majefty's navy, together with an autherrtick ^copy of
the condemnation of fuch fhip fo taken, or if fuch (hip be rank,
burnt, or otherwife deft* oyed, on producing only a certificate
from the mayor, or other chief magiftrite, or conful, or vice
conful, as aforefaid, the faid commifTioners of his MajeftyV
navy, or fuch perfon or perfons as they (hall appoint for that
purpofe, (hall, according to the courfc of the navy, within fif-''
teen days, make out bills for the amount of fuch bounty, di-
re<Sled to the treafurer of the navy, payable to, and to be divided
K amongft the officers, fnamen, marines, and foldiers, on board
his Maiefiy's (hips of war^ in manner, form, and proportion,
as by his Majcfty's proclamation to be i(rued for that purpbie,'
(hall be dirci^cd and appointed, and amondl the owners, offi-
cers, and feamen of any private ve(rel, or mip of war, in fiidr
manner and proportion, as by any agreement in writing &e)r
(h^ll have entered into for that purpofe, (hall be direded.
XIX. And be it further cnafted by the authority afefefak!^
Captoritoap. "^^^^ the bill or bills to be made out for the bounty herAjr
point agents granted to the commanders, officers, feamen, marines, foldters,:
to receive the and others of his Majefty's (hips of war, for taking, finking^,'
bounty mo- burning, or otherwife deftfoying any (hips of war, or privttecni
^^' belonging to any of his Mjije(ty's enemies, (hall be nnidepsr|r>-

able to fuch perlon or perfons as (hall be authorized and appoint
ed by the commander, and by the majority of the officers, and
the major part of fuch (hips company, ana others, as fliaH hive
taken. Junk, burnt, or otherwife deftroyed the fame, to be *-'
ftributed and divided by the faid perfon or perfons fo amhorictil
and appointed amongft the captors, in fuch manner, (brm lind
. proportion as aforefaid, the feveral (hares of which captors. If

not^Sc'maruled "^' legally demanded within three years after publick notifi£i«>
hTthrw years, ^io"> ^"^ *"*^ of f"^^ ^^ '^^'^ run from his Majefty's (errice^
togotoGreen-rtiall be applied to the ufe of Greenwich Hofpttal\ and tMit^
wichhofpital. bill or bills to be made out for the bounty hereby etanteS ti
privateers, for taking, burning, finking, or otherwife deftroy*
ine any (hips of war, or privateers belonging to any of 'his Mih
jefiy's rnemies, fliall l)e made payable to fuch perfon or perfiMii
as fhall be nominated and appointed by the owner or owiiM^
officers and feamen of fuch privateer or privateers, who (haS
have taken, funk; burnt, or otherwife deftroyed the fame, or the
major part of them, to be divided in fuch manner and prdpdr*
tion as (hall have been agreed by them as aforefaid.
Goods of Bri. XX. Provided always, and be it enaAed, That if any Unfy
tiQi fubje^h velTel, or boat taken as prize, or any goods tiiercin fhafl appen^y

and

7440 Anno decimo feptuno Georgii IL 0.34. 261

nd be proved in the court of admiralty to have belonged to any ^^i^g^^ f,^^
f his Majefty's fubjedts of Great Britain or Ireland^ or any of the enemy,
be dooiinions and territories remaining and continuing under how to be dlf-
lis Majcfty's protet5h'on and obedience, which were before taken po^'^ of-
T furprized by any of his Majefty's enemies, and at any time af-
erwards again fuprized and retaken from his Majefty's enemies,
>y any of his Majcfty's (hips of war> or any private man of war, or
>ther (hip, veflel, or boat under his M^efty's protedion and obe
lieoce^that then fuch (hipsyveflfels, boats and g(>ods,and every fuch
»art and parts thereof as aforefaid, formerly belonging to fuch his
\A2ieRy*s fubje<5t8, (hall in alt cafes be a^udged to be reftored,
met (hall be by decree of the faid court of admiralty accordingly
'dftored to fuch former owner or owners, or proprietors, be or
hey paying for and in lieu of falvagc, if retaken from the*enc-
oy by one of his Majefty's (hips of war, an eighth part of the
rue value of the (hips,, veflels, boats, and goods refpe6lively fo
o be reftored ; which falvage (hall be anfwered and paid to the
raptains, officers, and feamen in the faid man of war, to be
livided in fuch manner, as before in this act is dire(5)ed, touchi-
ng the (hare of prizes belonging to the flajg officers, captains,
3ifpcers, feamen, marines, and foldiers, where prizes are taken
^1 .?ny of his Majefty's (hips of war; and if taken by a pri«
rateer or other (hip, vefltl, or boat, befbre it has been in the
^<&ffion of the enemy twenty four hours, an eighth part of the
aiie v^hie of the bad (hips, veflels, boats, and goods ; and if it has
t)fic9 in the poflfeffion of the enemy above twenty four hours,
illd under forty eight hours, a. fifth part thereof; and if above
Forty eight hours, and under ninety fix hours, a third part there-
3f| and if above ninety fix hours, a moiety thereof; all which
payments to be made to any privateer or other (hip, veflfel, or
\^2Xx ihall be without any deduAions; and if fuch (hip fo re*
%ken by any of his Majcfty's (hip of war, or by any private
ip;in qf war, (hall appear to have been after the taking by the
anemy by them fet forth, as a man of war, the former owners
H^. proprietors to whom the fame (hail be reftored (hall be ad-
gi^ed.to pav, and (hall pay for falvage, the full moiety of the
iruc value of the faid (hfp fo taken and reftored, without deduc->
Jp^jas aforefaid; any law, cuftom, or ufage to the contrary
Of^ltwithftanding.

7.i}QCt And be it further ena<5led by the authority aforefaid, Penalti^on
^tet.incafe any (hip or veflfel, or any goods or merchandifes (l»ip« taken by
Dt^ .he taken by any privateer, through confent, or clandcfl- ^^**"*^
4i^^ or by collufion or connivance, fuch (hip and vefTeL and
iVK^ goods and merchandizes, and alfo the (hip's tackle, fumi-
Ini^, apparel, and ammunition of fiich privateer, Ihali, upon
proof thereof to be made in his Majefty's court of exchequer,
^^isK the court of admiralty, be declared and adjudged to be
(Qod prize to his Majefty, and one moiety thereof fh:\{l be to
:he ufe of his Majefty, his heirs and fucccflfors, and the other
Wfe^.to thi: ufe of fuch perfon who (hall difcover and fue for
^ faxM9 9nd thi^ bond given by the captain of fuch privateer

S3 fliaai

262 Anno decimo feptlmo Georgii IL C. 34. {i^Ai^

(hall be and is hereby adjudged to be forfeited to his Majefty;
and in cafe any fuch (hip or veflel, or any goods or merchandiz-
es as aforefaid, (hall be taken by any man of war, through
confent clandeftinely, or by collufon or connivance of the com-
mander or captain, fucb commander or captain (hall forfeit the
Aim of one thoufand pounds, one moiety thereof to the ufe of
his Majefty, his heirs and fucceflbrs, and the other naoiety to
the ufe of fuch perfon who (hall difcover and fue for the (ame;
|o be recovered by action of debt, bill, plaint, or informatioiii
in any of his Majefty's courts of record, wherein no eflbin, pro-
tection, privilege, or wager of law, or any more than one im«
{variance (hall I^ allowed, and fuch captain or officer, (hall fer-
eit his command and employment, and (hall be and is herd)y
difabled and made incapable of any office or employment undo:
his Majefty during the fpace of feven years, and the faid goods
and merchandizes, and the (hip, tackle, apparel, furniture^
guns, and ammunition fo taken by celluflon, (hall be and is
hereby adjudged to be good prize to his Majefty.

XXn. JnJ whereas good and mcejfary lawr have been made^ Ofi

arejiill in force^ within fever al of his Majejifs colonies cr plakta"

tions in America, for the preventing the carrying off from the jAi

No privateer, colonies or plantations any fervant orflave^ without the confpit flU

^^ '" ^"**'''" owner ^ or the carrying off from thence any other perfon or perfws

board a^ ®" whatfoever^ until fuch perfon Jhall have taken out his ticket from the

fcrvant, m\t\i- fitretary s office within fuch refpeSlive colony or plantation^ in fuA

out confent of manner^ and under fuch penalties and forfeitures^ as in aid by the

maftcr; faid feveral laws is declared and provided \ be it therefore furtte

But in all cafes ^'^^^^^ ^Y ^^ authority aforefaid. That all commanders of pri-

to qblerve the ^^^^ ^'P^ ^^ ^^^> ^^ merchants (hips having letters of manjut,

lawTof the (hall, upon their going into any of thofe ports or harbours, k

•ounuy. fubjccft, and they are hereby determined to be fubjed to the

feveral directions, provifions, penalties, and forfeitures, in and

by fuch laws made and provided ; any thing in this zSt c6ii-

tained to the contrary thereof in any wife notwithftaning.

XXIII. And whereas doubts have arifen upon the cmftruS&en if

AH prizet feveral claujes in the faid a^ made in thljthirteenth year of bis Ma-

taken from jcjly's reign^ intituled^ An a<5t for the more effectual fecuring and

the S| * ' " -••-'----• - • -

ihalM

demned

method prc^ " and after the firft day of %/y, in the year one thoufand fcvcn

fcribed by this hundred and forty four, all proceedings in any of his Majefty's

a&. courts of admiralty concerning the adjudication and condetnna-

tion of prizes taken from the Spaniards y (hall be according to

the form and method diredted and prefcribed by this prdent

a<a.

His Majefty XXIV. Provided always. That nothing in this a6t contained
may give fur- (hall be conftrued to rcftrain his Majefty, his heirs and fucccf-
thcrdircftions jors, from giving fuch further rules and directions to his refpcc-
S idmirailty ^*^^ courts of admiralty, for the adjudication and condemnatioo
^' of prizes, as by his Majedy, his heirs and fucccflTors, with the

advice

1 744-] Amx) decimo leptimo GeORQII II. C. ^5. 26 j

advice of his or their privy council, (hall be thought neceflary
or proper*

XXV. And whereas in all private /hips of war ^ or merchant Jhips
that Jbdll take out letters of marque ^ it is expedient /or the better dlf-
tiplineandgevem^nentoffach/bips^that all perjons who /hall enter them-
Ches on board the faid/hips^/bould be under proper regulations to pay
f hidieme to the lawful commands of the captains and chief commanders
lfthefaidfhips\ be it therefore enadted by the authority aforefaid. Offenders on
That all oflsnces committed by any omcer or Teaman on board board priva-
any privateer or merchant (hip taking letter of marque, during ^^""^i ^ ^ .-
the prefcnt war with Spain or France^ (hall be punilhed in fuch Jn^J^Sw
manner as the like offences are punKhable on board his Majefty's of war.
ffiips of war.

aXVI Provided always. That all ofFenders who (hall be Offences in. a
accufed of fuch crimes as are cognizable only by a court-martial, privateer, and
(hall be con(ined on board fuch privateer or merchant (hip car- ^J^^Itj^Jouit,-
rying letter of marque, on which fuch offence (hall be commit- maSahwhere
ted, until they (hall arrive in fome port in Great Britain or /r#- to be tried.
Iar/, or can meet with fuch a number of his Majefty's (hips of
war abroad, as are fufficient to make a court-martial ; and upon
amlication made by the. commander of fuch privateer, or mer-
dont (hip carrying letter of marque, to the lord high admiral
(tf* Great Britain^ or commi(fioners for executing the office of
lo^d high admiral oi GroJt Britain for the time being, or the
oommander in chief of his Majefty's faid (hips of war abroad,
die (aid lord high admiral, or commiflioners for executing the
<dke of lord high admiral of Great Britain for the time being,
Q;r any three or more of them, or fuch commander in chief
a^^broad, are hereby authorized and required to call a court-mar-
\ial for trying and puni(hing the faid offences.

CAP. XXXV,

4/biaQto ixplain^ jomend^ jand enlarge an atl made in the
fixteenib and feventeentb year of the reign of King Charles
tbe Second^ intituled^ An aft for regulating the mea-

' ' fures and prices of coals.

WHEREAS by anaSf made in the fixteenth and feventeenth 16 & 17 Car.*.
year of the reign of King Charles the Second^ intituled^ An c. %.
lA for regulating the meafures and prices of coals, // /; (amongft .
fiber things) ena^ed^ That the Jord mayor of London, and the
iofirt of aldermen^ for the time being, and thejujiices of peace of the
feverai and refpehive counties and places where coals ^ commonly called
Sea Coals, brought into the river ^Thames, are fold by retail, or
%ny three or more ofthem^ whereof one to be of the Quorum, /bould
he J and are thereby impowered to Jet the rates and prices of all fuch
;oals as fbould be fold by retail, as they from time to time /hould
ftt/fge reafonable, alkwing a competent profit to the faid retailer, be^
fend the price paid by him to the importer, and the ordinary charges
thereupon accruing : And whereas many exadfions and abufes are ufed
h retailers offea coaJs^- brought byfea into other rivers^ creeks, ia^

S j. vens^

2(4 ^^^^ decimo ftpdmo Gborqii IL c. ygi . [i7«ff

VMS, portSf cities, boroughs ^^ towns, c^ntiis^ end places^ within At
kingdom of England, dominion of Wales, and town of Berwick
tipvn TYittA, Mdss fttcb counties and places where fiub eials brm^
into the river Tiiaincs were and are fold by retail: for avdding ef
which exa^ons and ahufes in fuch other counties end places as rfere*
jfhid, a Hie remedy is needful to be Provided, as by the find rechii
a^ is provided, touching the retailers of coals brought mto tbtjkii
river of Thames, and fold', wherefore be it enaded faf Ihe
King's moft excellent majefty, by and with the idvicr add oon-
Three iuftlpet fent of the lords fpiritual and temporal^ and commons, in this
to fet the re- prifent parliament afiembled, and by the authority of the tuDCf
tail price on ^j^^t from and after the twenty fourth day of June, in the year
ptr/of Ene- ^^ ^^^ ^°^^ ^^^ thoufand fcvcn hundred and forty^ four, the
mdiicQ. juftices of the peace of the feveral counties in the kingdom of
England, dominion of fTales, and of the town of Borwiei xM
Tweed, or anv three or more of them« whereof one to be of dU
Quorum, Ihall be> and are herebv impowered to fet the ratd
and prices of all fuch coals, called Sea Coals, as (hall be brought
by fea into any other rivers, creeks^ havens, or ports, and bid
by retail after landed, in anv other cities, borojjigbt, torms^
counties, and pieces, within tne kingdom of England, dominioQ
alleywing a of IVoliS, and town of Berwick upon Tweedy to which the fril
CO ipetcnt recited a£t doth not extend, as they from time to time iBiall .
profit to the judge reafonable, allowing a competent profit to the Aid ni^
retailers. tailer, beyond the price paid by him to the importer, and tin
Power of ju- ordinary charges thereupon accruing \ and that if any ingroftr
ftices, if the gr retailer of fuch coals, (hall refufe to fell as aforebid, that tM
fTfrlo^Juai ^'^^^^^^ juftices of the peace refoe(^ively are hereby authocissd t»
ordcred!^ appoint and impower fuch officer or officen, or other peribni^
as they (hall think fit, to enter into any wharf, or other piac^
where fuch coals are ftored up ; and in cafe of refufal, taking t
•Conftable, to force entrance, and the faid coals to fell, or caofe
tp be fold, at fuch rates as the faid juftices refpedively 6k4
judge reafonabie, rendering to fuch ingroifer or retailer tbt
money for which the faid coals (hall be Co fold, neceflary charges
being deducted ; and if any ^&\on (hall be commencad T^^um
the juftice of peace, conftable, or any o(ficer or perfon, memi
thing to be done in purfuance of this a6t, the defcndaat.i^
General iifuc. •^^T^ '"^^ aftion may plead the general KTuc, and give the fpe-
f**4 ^^^^^ **^ evidence 5 and if the verdidt be found for him, or
^he plaintiff become nonfuited, fuch d^endaht (hall rectmr
Treble cofts. ^^ ^?^^ ^^^ damages, and treble cofts of fuit, for hia oqifft

* ;?e]|^ati6n in that bdialf.
No intcrcftcd ^' ProviAed always. That no perfon having intereft in aaf
perfon to be wharf ufed for the receivinpnd uttering qf coals, or thatdother
concerned in (hail trade by himfeif or otners, in his own or any other nanie»
f«"'»">fe*P"ce in the fa|e of any coals, or the engrofling the fame, in mdqr
oa coau. ^Q f^ij ^^^ f;iine,^ and not for his own private ufe only, iball aAi
or other wife intermeddle in the fetting the price t)f cCKdas aoy
filing in this ad to the contrary in any wife notwitbftandiiig.

pAP.

r744«l <Aiino dedmo fepdmo Georoii IL C. 36; tSg

CAP. XXXVI.

dnaB fhr firmtfing certain goods iberein enumerated^ to ho

h^^ted during tie war in Britifti huilt Jhipping^ tie pro-

fertj of foreigners % and for relief of William Ord, and

\ ^kars^ and for obviating a doubt which bath arifenupon

- $b€a£l of the twelfth year of the reign of King Chariea

ibe Second, intituled. An a£fc for the encouraging and

* intreafing of (hipping and navigation, as to the imforta^

' ' Hon on the account of aliens, of goods of the growth or

'\ proiuBion of the plantations of Spain iiiri/ Portugal, in

■ ' "Exi^Qxfbips duly navigated.

WHEREAS ty a ckufe in an oB of parliament pafftd in the ^^ c„^ ^
twe^tb year rf tbe reign of King Charles tht Second, inti- c. iS. '
Udodi An aft for the encouraging and increafing of (hipping
and navigation, it is enaifed. That ni goods or commoditios of tbo
gnwtb, production, or manufacture of Mufcovy, or of any the
mmtries, dmrnmnsorterritories to the great duh or Emperor ofMxit*
VOFn/o^ Ryflia Monging ; as alfo that no forts ofmafts^ timber, or
hoards^' om^foroignjit, pitch, tar, rofm, hemp, or j^x,rmji^
jprunes, obve oils, no fort of com or grain, fugar,^-ajhes, wines.

homd, Wsdtf, or town of Berwick i^n Tweed, in any /hip or
pips, viffelor veffols wbatfoovor, but infiub or do truly, and with-
ant fraud, idong to the people thereof, or fotileifthem, as the true
iOwmers and proprietors thereof, ana whereof too mafter and throe
femrths of the mariners, at Uafl, are £ngli(n; and that no eurrans,
met eommoditios of the growth, product, or manufa&ure of any of the
^eoamtries, ijlands, dominions', or territories to the Othoman or Tur«
kitti' empire belonging, /hould, from and after the firfi day of Sqp*
tember, wind) was in the year of our Lord one thanfandfix bin^
'dred fixty one, be imported into any the fortmentioned places, in any

as

ike growth, pro£i£tion, or manufakure re/be&ively^ m^ efyuchport
mlure the /aid goods can onfy be, or moft ufuallf are, firfi JUppedfor
Oranjportation, and whereof the mafter and three fourths of the ma--
riners, at leaji, are of tie fend country or place, under the PenalUe
^and forfeiture ofjhip and goods : And whereas the felling of Britifti
*buik Jbips to foreigners, is a beneficial branch of trade^ and ought
therefore to be encouraged \ and it is highly reajonable, that Briti(h
ftnpsfofM /#, or being the property of, foreigners^ fl>ould enjoy the
foane privilege in tbefe iingdoms, as if they were of the built of the
refpe&ive countries or places from whence fuch pips do come \ may
it pleafevGur Majefty that it may be enaAed, and be it enaded
\fy the king's moft excellent majefty, by and with tbe advice
6 an<|

266 Anno decimo fepdmo Georgii II. c. $6/ [1744!

and confent of the lords fpirinial and temporal, and cbniinoDii
in this prefent parliament aflembled, and b]^ the authority d
Liberty to im- the fame. That from and after the firft day of Ai^f one thou-
P<^^"^*- fand feven hundred and fortjr four, and during the prefent van
in BriSh * ^^^^ Fronci and Spain^ or either of them, and no longer, the
ihips during f^^^ recited daufe in the faid a£t of the twelfth year of the rngn
the war. of King Charles the Second, (hall not extend, or be conftmol
fo extend, to hinder or prevent anv perfon or perfons wliatTo-
cver from importing into the kingaom of Great Britain or In^
bndj any of the goods or merchandi^s mentioned and expref-
fed in the aforefaid claufe, in (hippine built in Great Brhmn^
Irelandy the iilands of Guemfey or Jerjeyj or in atw the iflands,
dominions, and territories to his Majefty, in Africa^ ^a, ot
America^ belonging, or in his pofleflTion, fo as the mafter and
three fourths of the mariners, at leaft, belonging to, and navi«
gating any fuch (hip or veiTel, are Britiftf^ or of the fame coun-
try or place of which the faid goods are the growth, produdion,
or manufa<Stures refpe<3ively, and not otherwife. EXP.

II. Provided always. That all goods and merchandizes im-
ported into Great Britain or Irela^^ in (hips belongtnj^ to ami
the property of foreigners although Britijb built, mall pay
aliens and all other duties, in the Oauiie manner as if fuch (hips
Y^ere foreign built

' III. Jful whereas a- certain Jbip er vejfil Britilh huilt^ and tfiOei

ar hiown bj the nam ef The Saint John Baptiff, Saint Pftul, and

Souls, Jofeph Lewis de Cabo, nu^er^ and navigated with fereign

mariners^ did^finu the firft day of February one thou/and ffwm

hundred and forty tbree^. arrive into this Jtingdom^ laden with feme

of the goods and mereiandizes mentioned and expreffed in the i^fore

recited claufe^ in the ait of the twelfth year of King Charles the 5f-

eond ; which fmd goods find merchandizes belong tOj and are the fro-

P^^ty of William Ord, Merrick Burrell, jim/ John Rayinond,

^London, merchants: And whereas the faid owners of the fmi

goods and merchandizes are prevented from entering thefanu^ on at*

count of their being liable to the penalties and forfeitures infiiOei

William Ord, thereby ; be it therefore ena<fted by the authority aforefaid, Thst

&c. may im- it (hall and may be lawful for the faid miliam Ord^ Merrick

^^^'^£ Burrell, and John Raymond, the owners of the (aid goods im-

St. johafiap- portcd fince the lirft day of February laft, in the (hip Scuni John

tii. Baptijly Saint Pauly ana Souls aforefaid, to enter and pay tl^e

duties for the faid goods and merchandizes, without incurring'

any penalties or forfeitures whatfoever, for or by reafon of the

•faid re^cited claufe; and that the faid goods and merchandizes

fo to be entered, or the faid (hip Saint John Baptift^ Saint Paul^

and Souls J in which they were imported j (hall not beliable to

any feizure or forfeiture on account of fuch impor^tions being

contrary to the faid before recited claufp.

IV. And whereas by tivo other claufes in the aforefaid aSf pajfed
in the twelfth year of the reign of King Charles the Sec^ndj it is
(amon^ft other things I ena^ed^ That no goods or ommodities wad'
feever^ of the grmiK prQduffion or mannfa^furi e/" Africa,. Afiat

r744«l 'AnnodccimofcptimoGEORGiiII. C.37. iSj

ir America, or artji part thereof^ or whuh are defcribed or hid down
m the idual maps or charts ofthofe places^ he imported into England,
Ireland ^ Wales, ijlands ofGwvtiky ^r Jcrfcy, or town ^Ber-
wick tAon Tweed, from any other place or tlaces^ country or coun^
tries^ hut onh from thofe of the faid growth^ production or manu-
faHuTiy or from thofe ports where the [aid goods and commodities
can onVf^ or are or uj'ually have been firjt Jhipped for tranfportation^
and from mm other places or countries^ under the penalty of the for-
feiture of an fucb the aforefaid goods ^ asjhall be imported from any
other place or country^ contran to the true intent and meaning there-
of ^ as alfo of the jbip in which they were imported^ with all her
funSj furniture^ ammunition^ tackle and apparel: A fid whereas there
iS a previjo in the faid alt^ That it Jhall and may be lawful to and
for any of the people ^England, Ireland, Wales, iflands ofGu-
emfey or Jerfey, or town of Bcnvicic upon Tweed, in veffels or '
flips to them belongings and whereof the mafler and three fourths of
the marimrs at leaftj are Englilh, to load and bring in from any of
the ports of Spain and Portugal, or weftern iflands^ commonly called
Azores, or Madeira, or Canary ijlands^ all forts of goods or com-
moSties of the growth^ produflion or manufa^ure of the plantations
or dominions of either of them refpeSfively : And whereas difputes
have arofe on the conJiru£iion of the faid provifo^ whether goods of
the growth^ produ^ton or mamifaSiure of the plantations of Spain
or Portugal, may he imported for account of aliens^ from the places^
and in the manner expreffed in the faid provifo, and whether fucb
jreods belonging to aliens^ fo importe^y are not liable to he forfeited^
together with the Jbip^ which tenas to the prejudice of the Britilh
navigation J as likewife detrimental to the publick revenue y be it
therefore further enaded and declared by the authority afore- In what man-
6id, That it (hall and may be lawful -for any perfon or perfons """ g«xU the
to import the goods mentioned in the faid provifo, and in fuch Sicns'iwiybc
;i(hips fo navigated, as in the faid provifo is exprefled, although imported,
'ftbh goods belong to and arc the property of aliens,

V. Provided always, and it is hereby ena6led by the autho- Provifo,
rity aforefaid. That this adl (hall not extend or be conftrued to
bctend'to alter, repeal or make void all or any the claufes,
'patters or things contained in an a<5l of parliament pa(red1nthe
^^irteendi year of his Majefty's reign, for prohibiting commerce , j q^^ ,^
^With ^ain ; any thing in this a<il contained to the contrary c. 17.
;^iereof In any wife notwithftanding.

CAP. XXX VIL

Ah all to prevent difputes touching the purifies or places
where improved waftesj and drained and improved marfb
Undsy fhaU be charged to parochial rates.

WHEREAS in divers counties great quantities of wafte
and barren lands^ and lands which were formerly fen or marjh
ground^ or covered with water ^ have been of me years improved or
drained^ and are now of very conftderahle annual valucy ana the inha-
bitants therein^ and occupiers thereof ought to bear and pay a propor-
tionable

z6t Anno decimo ieptimo Gemgii IL C. 37. [i744*

UGnabkpart ofthi rates made for the relief of the pwr^mdu befik-
jeH t§fuih coargei^ andin like manner as other inhabitants andncu-'
piers of lands^ bcufes^ tythes impropriate^ propriatkns of ijthes^
-. coal-mtnes^ andfahable underwoods^ are by an a^ made in tbefortj

43 EiiK. c. •. third year of the nign cf ^en Elizabeth, intituUd^ An ad for
the relief of the poor, andlikewife to hear a^td pay a proportionaik
port of all other parochial rates ; but great diffieultiesfrequentfy arife
in determining to what parijk or place fuch lands belongs or ought, to
be rated \ be it therefore enacted by the King's moft excellent
majeftyi by and witH the advice and confent of the lords fpiri*
tual and temporal, and commons in this prefent parliament af-
fembled, and by the authority of the fame, Tliatirom and after
the twenty founh day of June^ one thoufand feven hundred and
Prained lands forty four, where there (hall be any difpute or uncenainty in
chiffta*"*' what parilh or place fuch lands heretofore improved or drained,
*** or hereafter to be improved or drained lie, and ought to berat-
ed ; and all and every the occupier and occupiers of fuch landf
or houfes built thereon, tenements, tythes arifing therefh)!!^
mines therein, and faleable underwoods therein growing or
hereafter to grow, (hall be rated and aileiTed to the relief of the
poor, and to all other parochial rates within fuch parifh and
place which lies neareft to fuch lands, in like manner and form,
and fubjeA to the fame dire<5lions and regulations as all other
lands Within fuch pap(h and place are by favtf liable to be rated
and a(re{&d thereunto ; ancl if on application to the officers of
fuch pari(h or place to have fuch improved or drained lands rat-
ed and afleiTed as aforefaid, any difpute or difference (hall arife
touching what pari(h or place fuch lands oueht to be rated and
Jttfticff iage- ^flcfled m> it (hall and majr be lawful to and for the jufKces of
peral quarter the peace for the county, riding, liberty or divifion where fuch
^«ff^» *ohw \zxM% lie, at their next general ^uarter-fcflSons to be held for
dhbutei^"*"^ fuch CQunty, riding, liberty or divifion, ^iftcr fuch application
^ ' made as aforefaid, and after notice given to the officers of the
feveral parilhes and places abutting upon ancf adjoining to fuch
lands, and to all other perfons claiming and interefted thereiny
to hear and determine the fame on the appeal of any perfon in-
terefted. and at fuch feflfions to caufe fuch lands or heredita-
n^ents as aforefaid to be allotted to, and fairly arul equally ailef-
fed in fuch parifh or place as they (hall fee iuft and meet, and
fuch determination apd allotment (hall at all times thereafter be
final and conclu(ive to and upon the faid feveral pari(hes and
places, and all other perfons whatfotvcr, as to the pari(h or
place in which fuch lands and hereditaments (hall be rated and
ztStiki to the poor^ and all other parochial rates as aforefaid f
and the faid lands and hereditaments (hgll, at all times after
fuch determination and allotment, berated and afleflted' to the
fclicf of the poor, and ta all .other patx)chia) rates within facb
. parifh and parifhex, place and places only, to which they (hafi
refpeAively have been (b allotted- as aforefaid ; any law, cuftoor'
1^ ufage to the contrary in any wife notwithftanding.
}I. Provided always, a|Ei4 it U hereby e(^e4 ao4 ^tpbred

by

r744*l Anno decimo fepdmo GboRgii IL c. 38. 25^

yy the authority aforefaid. That nothing in this a6t contained
lor anv allcytmenr to be made by the juftices of the peace at their
;enerai quarter- feflions in purfuance and by virtue thereof, (hall
attend to, or be deemed or conftrued to extend to, or in any
rife zlkA or determine the boundaries of any parilh or pariflies,
>lace or places, to any intent or purpofe^ other than for the
lurpofetn rating and afleffing fuch lands, tenements and here-
litaments to the relief of the poor, and to all other parochial rates ^
imhin fuch'parifh or place to which they (hall be fo allotted as
iforeCM ; any thing herein contained to the contrary thereof in
my wife notwithflanding.

III. Provided always, and be it declared. That nothing in
his a A (hall extend or be con(farued to extend to invalidate^
nake void, or in any wife alter a daufe in an aA of parliament
Hade in the (ixteenth and feventeenth year of the reign of King ^ ^
'JBifrfer the Second, intituled, An aSI for draining of the fin called if * ,7,
PeepingFen, and other fens therm mentioned^ whereby it is en- * *
iAed, That the truftees therein named, their heirs and afligns^
or the furvivor of theip, their or any of their tenants, farmers,
!ir ground-boldets of any part of the third part of the faid fen, fx
of the fivethoufand acres therein mentioned, (houldnot hav6
my time hereafter, ufe or claim, Sny common of paAure, or
3ther commonage of pafturing in any part of the remainder of
:he faid fens, nor any of them, nor m the north fen of Pineth*
Seek znA Spalding^ nor any part thereof, by virtue or pretence of
W\% or their refidance there 5 but all and every the iiihafoitants •rij^ooop*^
:hat might thereafter be upon any part of the (aid third part, or \^ mSSSiined
jpon any part of the faid nvethoufand acres, and were. not tiMe by the tni-
:o maintain themfelves, (hould be maintained and kept bv the ^Uo.
!aid truftees, their heirs and affigns, and the furvivor of them,
ind never become chargeable in any kind to all or any the r^'
pedtive parifhes wherein fiKh inhabitant or inhabitants (hould
refide or dwell ; any fhtute or law to the contrary tberecf in
inj wife notwithftanuing.

CAP. xxxvm.

An all for remed;^ng fame defeSs in the aS made in the forty
third year of the reign of ^een Elizabeth, iniituledj An
a£t forthe relief of the poor.

WHEREAS by rcafon of fome defoSIs in an a^ of parlianuni
made in $he three and fortieth year of the reign ^f the late ^j euj, ^ ,^
^uan Elizabeth, intituled^ An a6lfor the relief of the poor, the
enmeyraifedfor that purpofe is liable to be mifapplied^ and tlnre is of-
ten great difficulty and delay in raifing of the fame \ for remedy where*
of may it pleafe your moft excellent Majeily tlvat it may be en«
aded ; and be it enaifled by the King's moft excellent Majefty^
by and whh the advice and confent of the lords fpiritual and
ttoiporal, and commons, in thBs prefent parliament aflcmbled^
and by the authority of the fame. That finocn and after the
Sweaty fiMirtb day of Jtuu^ one thouiand fcven hundred and

forty

270 Anno decimo feptimo Gboroii II. c. jS. [<744-

forty four, the churchwardens and overfecrs of the poor fludl
At what time y^^ly and every year, within fourteen days after ottucr ow-
parUb officers leers ihali be nominated and appointed to fucceed them, deliver
QM make up in to fuch fucceeding overfeers, a juft, true, and pofeft ae-
^^'"uT count in writing, fairly entered in a book or books to be keptfor
^^^^ that purpofe, and figned by the faid churchwardens and OYcr-

feers hereby direded to account as aforefaid, under thdr hai^
of all fums of money by them received, or rated ami afleflbd,
and not received ; and alfo of all goods, chattels, ftock sol
materials that ihall be in their hands, or in the hands dF any
of the poor, in order to be wrought, and of all monies paid bv
,fuch churchwardens and overfeers fo accounting,. aiTd of au
other things concerning their faid oflke ; and (haul alfo pay and
deliver over all fums of money, goods, chattels, and other thintSy
as (hall be in their hands, unto fuch fucceeding overfecrs of &
poor ; which faid account (hall be verified by oath, or by the
affiimatton of perfons -called Quakers j before one or more of his
Majefty's juftices of the peace, which faid oath or affirmatkm
fuch juftice or ju(tices is and are hereby authorized a^d required
to adminifter, and to fign and atteft |he caption of the (ame,.aC
the f30t of the faid account, without fee or reward ; and the
(kid book, or books (hall be carefully preferved by the church*
wardens and overfeers, or one of them, in fome pufabck or
Book! be ^^^^ P'*^^ '" ^^^ pari(h, town(hip or place j and they (hsH
inrpeftedtmy- ^^ ^^^ hereby required to permit any perfon there aflefled, or
sng,6d. andco- liable to be anefTed, to infpedl the fame, at all feafonable times,
pies taken. paying fix pence for fuch infpedion, and (hall, upon demand,
P*xing<^. (or forthwith give copies of the fame, or any part thereof,- to
SCO words, jy^^j^ perfon, paying at the rate of fix pence for every three
hundred words, and fo in proportion for any greater or 1cm nuov*
ber.
Penalty on pa- H. And it is hereby further ena^ed. That in cafe fuch
rifli officer s churchwardens and overfeers of the poor, or any of them, (haU
not account- refufe or negled^ to make and yield up fuch account, yeriiiedLai
wgM this aa aforefaid, within the tisie herein betore limited or appointcdf
*^*^'* or (hall refufe or negledt to pay and deliver over, fuch (urn

or fums of money, goods, chattels and ot^er thinj^s in their
bands, as by this adl is direded ; in either of the (aid cafes^ it
(hall and may be lawful to and for any two or more juftioes of
the peace, to commit him or them to the common gaol, until
he or they (hall have given fuch account, or (hall have paid and
» yielded up fuch monies, goods, chattels and other things ia

their hands as aforefaid.
III. And be it further enabled by the authority aforeiaidi
fecr-s^dyrng" '^^^^ '^ ^"7 ^^^^ overfecr (hall die, or remove from the place
&c. two ju- for which he was appointed, or become infolvent, before th«
iticey to cuoofe expiration of his office, on oath thereof made, it (hall be law-.
anotlicr. fu| for two juftices of the peace to appoint another Overfeer in
his fiead, who (hall continue in office until new overfeers, are
appointed ; and if any overfecr (hall remove as aforefaid, he
(hall) before fuch removal^ ddivei over to fome church war4co>

or

1744*1 Anno dedmo feptimo Georgii IL e. 38. 271

or other overfeer of the fame place, his accounts verified as Overfeer re.
aforelaid, with all rates, afleiTments, books, papers, fums of ^^J^PiTf 9^1
monejr, and other things concerning his office, under the like aca>6nt^to
penalties as are inflid^ by this a6t on an overfeer refufing to the church.
to do the iame after the expiration of his office ; and if any wardeni &c.
overfeer (ball die as aforefaid, his executors or adminiftrators .
OiaU, within forty days after his deceafc, deliver overall things owfe^"o
ooncerning his office to fome churdiwarden, or other overfeer account in 40
of the fame place $ and (hall pay out of the aflets left by fuch days.
overfeer, all fums of money remaining due, which he received
by virtue of his faid office, before any of his other debts are paid
and fatisfied.

IV. And be it further enaded. That in cafe any perfon or p -
perfons (hall find him, her, or themfelves aggrieved by any g^cd Siy
rate or afTeffinent made for the relief of the poor, or (hall have appeal to the
any material objedlion to any perfon or perfons being put on, or quarter,
left out of fuch rate or a(re(Iment, or to the fum charged on any f^ont.
peribn or perfons therein, or (hall have anv material objedKon

to fuch account as aforefaid, or any part thereof, or (hall find
him, her, or themfelves aggrieved by any negledt, a6t, or thing
done or omitted by the churchwardens and overfeers of the poor
or by any of his Majefty's juftices of the peace ; it (hall and may
be lawful for fuch perfon or perfons, in any of the cafes aforefiuo,
giving reafonable notice to the churchwardens or overfeers of
the poor of the pari(h, townfhip, or place, to appeal to the
next eeneral or quarter feffions of the peace for the county, rid-
ing, divifion, corporation, or franchize, where fuch pari(h,
townfhip, or place lies ; and the juftices of the peace there af-
fembled, are hereby authorized and required to receive fuch ap-
peal, and to hear and finally determine the fame; but if it (hall
appear to the faid juftices, that reafonable notice was not given,
then they (hall adjourn the faid appeal to the next quarter*fef-
fions, aiid then and there finally hear and determine the fame ;
and the (aid juftices may award and order to the party, for
whom fuch appeal (hall be determined, reafonable cofts, in the
fiimcf manner that they are impowered to do in cafe of appeals
concerning the (bttlement of poor perfons, by an aA oiade in
the eighth and ninth years of King ff^tUiam the Third, intitul- g y^^ ^^ ^^ ^^
td^ ^a£i for fupplyingfim defers in the laws for the relief of tbi
p4or of this kingdom.

V. Provided always. That in all corporations or fmnchizes, Provlfo for
who have not four juftices of tlie peace, it ftiall and may be law^ corporations^
ful for any perfon or perfons, in any of the cafes aforefaid, where ^^

an appeal is ^ven by this aA, to appeal, if he or they (liall
fhkik fit, to the next general orquarrer-feiiions of tlie peace, for
the county, riding, or divifion^ wherein fuch corporation or
firaAchize is fituate.

VI. And whereas it bnth been held^ that upon appealifrom rates
and offefffHentSy the jufliees of the peqce may not on^ quajh the old
raies^ M make new rates and ajjejfments^ from which no appeal can
h bad I be it cnadied by the authority aforelaid. That upon all

w .. % appeals

tj% AnnodecimolepdmoGsoRGiiII. C.38. . [1744;

Howftri«* appeals from rates and afleflment^, the juftices of the pesci

^'^^^^ (where they (hall fee juft caufc togivc relief) (hall and are hepe-

£]^l^^ ^ by required to amend the fame, in fuch manner only as (baliht .

neceflary for giving fuch relief, witlunit altering fiicb rates oraf*

feffinents, v^ith relpedt to other perfons mentioned in thefaoKi

but if upon an appeal from the whole rate, it (hould be found

neceflary to quadi or fet.afide the fame, then, and in every fuch

cafe, the laid juftices (hall and are hereby required to order and

dired the churchwardens and overfeers of the poor to make a

new equal rate or afleflment, and they .are hereby required to

make the fame accordingly.

aaufcrclatiiMr VII. And for the more effedhial levying money uOeCM (or

torwrarranu of the relief of the poor, be it enadcd by the authority aforclaid.

That the goods of any perfon affefTed, and refufiog to pay, am

be levied by warrant of diftrefs, not only in the place tor which

fuch afleflment was made, but jYi any other place within the £inis

eoiunty or precin^ ; and if fufficient diftrefs cannot be found

within the faid county orprecinA, on oath made thereof bctbit

fboicMuilice of any other county or precinA, (which oath fllallbe

certined under the hand of Tuch juftice on the faid warrant] buk

goods may be levied in fuch other county or prec'md hvn*

Appealto ^^ o^ '^n warrant and certificate ; and if any perfon (hall End

Siiartcr-fer. him or hericlf aggrieved by fuch diftrefs as aforefaid, it (hallanl
onfc may be lawiful for fuch poibn to appeal to the next peneni or

quarter-feffions of the peace for the county or precmA what
Aich adeffinent was made, and the juftices there are hereby re-
quired to hearand (inally determine the fame.
Canietopre- VIII. And to prevent ail vexatious actions againftoverfeen of
^2'^*"^*?"*^'** poor, be it enaded by the authority a(brefaid. That whets
Z^Jt""^^^ diftrefs (hall be made for any fum or fums of money, juftly
due for the relief of the poor, the diftre(is itfelf fhall not be fwem-
ed to be unlawful, nor the party or parties making it be dcemid
a trefpafter or trefpafleirs, on account of any defied, or want of
forni in the warrant for the appointment of uich overfeers, or ia
the rate or a(ic(rment, or in the warrant of diifaefe thereopoo :
nor (hail the party or parties diftraining be deemed a trefpiAr
or trelpaflers ab tnitioj on account of any irregularity, which
(hall be afterwards done by the party or parties di(haining, bat
the party or parties aggrieved by fuch irregularity, ftiall or may
recover full fatisfadlion for the ipecial damage, he, (he, or th^
(haU have fuftained thereby, and no more, in an a&ion of tref-
pafs, or on the cafe, at the eledlion of the plaintiff or piaiatifi.
Plaintiftre- ^^* Provided always. That where the plaintiff or plaintiffs
covering, to (hall recover in fuch adion, he, flie, or they ftiall be paid his»
have fuB her, or their full cofts of fuit, and have all the like remediei
^^* fiw the fame, as in other cafes 0f cofts.

Provifaincafe X. Provided neverthelers. That no plaintiff or plaintiffs (hal

^liiscgularity recover in any at£tion for any fuch irregularity as arorefaid, if

tender of amends hath been made by the party or parties SSf

training, before fuch a^on brought.

Xi. And be k further enabled by the authority afiorefiiidi

That

I744-] Anno dediho fepdmo Georoii II. c. 38. 273

That in cafe any perfon or perfons (hall refufe or negleA to pay Succeeding
to fuch ovcrfccrs as aforefaid, any fum or fums of money that?^***^"™^^
he, (he, or they (hall be legally rated or zOefkd to, it (hdll andi^yj^u^^*
may be lawful to and for the fucceeding overfeers, and they are the ibrmer.
hereby required to levy fuch arrears^ and out of the money fo
levied to reimburfe their predeceflbrs all Turns of money which
they have expended for the ufe of the poor, and which are al<^
lowed to be due to them in their accounts as aforefaid.

XII. JfiJ wbtnas per/ens frejffuentfy nmove out of parijbei and
places J without paying thi rates aj/effid on thenij and other perfons da
enter and occupy their houfes or tenements part of the year ^ by rtafon
whereof great fums are annually loji to fuch parijbes and places \ be it
therefore enaAed by the authority aforefaid. That where any ciaafe coo*
perfon or perfons (hall come into, or occupy any houfe, land,cerningper-
tenement, or hereditament, or other premiflfes, out of or from ^^"' removing
which any other perfon affefled (hall be removed, or which at^jj^^ P*'
the time of mafcinff fuch rate was empty or unoccupied, that

then every perfon fo removing from, and ev^ry perfon fo com*
ing into or occupying the fame, (hall be liable to pay to fuch rate
in proportion to tfie time that fuch perfon occupied the fame ref*
peAively, in the fame manner, and under the like penalty of
diftrefs, as if fuch perfon fo removing had not removed, or luch
perfon fo coming in or occupying, had been originally rated and
aflfeflcd in fuch rate ; which (aid proportion, in cafe of difpute^
fliall be afcertained by any two or more of his Majefty's juftices
of the peace.

XIII. And be it further enaded by the authority aforefaid, Cooies of rates
That true and juft copies of all rates and a(Ie(rments, lfcreafter?oT>«'fJJ*«red
to be made for the relief of the poor, be fairly wrote and entered"^ a book,
in a book or books, to be provided for that purpofe, by the
churchwardens and ovcrfccrs of the poor of every parifti, town-

(hip, or placcy who (hall take care that fuch copies be wrote

and entered accordiifgly, within fourteen days after all appeals

from fuch rates are determined, and (hall atteft the fame by

putting their names thereto ; and all and every fuch book ortobekept for

books (hall be carefully prcfervcd by the churchwardens and P«Wick pcru-

over(eers of the poor for the time being, or one of them, in fome

publick or other place, in every fuch parilh, townfhip, or place,

whereto all perfons ai^fled, or liable to be a(Ie(red, may freely

refort, and (hall be delivered over from time to time to ttie new

and fuccceding churchwardens and overfeers of the poor, as

foon as they enter into their faid offices, to be preferved as a-

forefaid, and (hall be produced by them at the general or quar-

ter-feflions, when any appeal is to be heard or determined.

XIV. And be it further cna«f>cd by the authority aforefaid. Penalty on pa*
That if any churchwarden, ovcrfeer of the poor, or other offi- riih officers
cer of any parifli, townftiip, or place, (hall neglc^ or refufe no' obeying
toobcy and perform the fcveral orders and directions of this ^^" *

a«ft, or any of them, where no penalty is before provided by

this a(5t, or (hall ^Si contrary thereto; every fuch churchwarden,

oVerfeer of the poor, or other officer fo oitending in the prcinii-

Vol. XVIII. T fes.

274 Anno decimo fepdmo GsoROil II. C. 3^ [i;m4.

fes, (ball» for every fuch offence, on oath thereof madjc, with*
in two calendar months after the offence committed* before wj
two or more of his Majeft/s juftices of the peac^ forfiot, for
the ufe of the poor of fuch parilh, townlhip, or place, a f|ia
not exceeding Ave pounds, nor lefs than tweotv (hillings, to
be levied by diftrefs and fale of the offenders goods, by warwt
from fuch juftices ; which fum (hall be paid to fome churchwar«
den or overfeer of the poor of fuch parifli, towafliipy or plaq^
ibf the purpofe aforefaid.
?owsrof XV. And be it further enafted by the authority a&rc&id,

overfeen. That overleers of the poor, within every towafiup or pUce
where ^^^ where there are no churchwardens, fliall from time to tifnedo^
^In^QM^^^ ' perform, and execute all and every tlie ads, powers, and au-
thorities, concerning the relief of, and other matters and thi^
relating to the poor, as churchwardens and overleers o£ the poor
may do, perform, and execute by this aA, or any former 0Bkr.
tute concerning the poor, and (hall lofe, forfeit, and fu0er ail
fuch pains and penalties for ncdedl, abufe, or nonporfor9tt|icQ
thereof, as churchwardens and overfeers of the poor arc liaUte
to, by virtue of this or any former ftatute concerning the poor^

CAP. XXXIX.

An a£i lo make ii high treafon to hold cornjpondeiut mth ihe
Jons of the pretender to bis Majejkfs croum , and/or si*
tainting them of high treafon^ in cafe they fhall land^r^
tempt to land in Great Britain, or any of the dmmmm
thereunto belonging ; and for fufpending the operation , mi
effeSl of a claufe in the all ofthefeventh year of tbeU{
Silfeen Anne, for improving the wiion of the two |«^- j
doms^ relating to forfeitures for high treafon^ until ajfit \
the deceafe of the font of the faid pretender.

WUEKEfiiSby an alf of parliament 'made in Englan«i tt
the thirteenth year of the reign of his late Majeflj King Wrf-
liam the Third of gmrious memory^ intituledy An a<5l for th<f iil^
tainder of the pretended prince of Wales of high treafonj rW
perfon who pretended to be prince of Wales, andfince the deciah oj
the late King Tames, affumed the name and title of Jzme% tbetbirif
King of England, Scotland, and Ireland, ij, andflands attatmei
of high treafon : and whereas by the faid in part recited a£t^ itv)il
ennCtedy That anyfubjeifs of the crown of En^^xiA^ whocorreJpM
with the faid pretender^ or with any perfon or perfins employed fyBiit^
knowing fuch perfon to be Jo employed^ er do remit or pay anjfm w
fums of money for the ufe or Jervice of the fmd pretender^ inowf^
fuch money to be for fuch ufe or fervice^ being Imfidly convilted^jkR
be taken^ deemed^ and adjudged to be guiltv of high treafon^ and/beO
fuffer and forfeit as in cafes of high treafon ; and whereas byanaS
Ann. c. «i. made in thefeventh year of the reign of her late Majefly .^een \mt^
intituled^ An aft for improving ihc union of the twokingdotns,
it is enaiitdy That from and after thefirft day of July, which ws
a in

13 W. 3.

1744-1 Anno dedmo fepdmo Gboroii IL & 39; 275

inthifim'rf mr Lord 'one tbcufandfeven hundred and nrne^ fucb "
erimes 4mdoffhues which are high tnafon or mffrifion of high trea^
fin within Enghmd, Jhall be confhuedy adjudgedy and taken to be
high treafon^ and mijprilion of high treafon within Scodand : and
t^ereas the eldeftfon ofthefaid pretender is lately arrived in the
Ffench domtmons^ and hath been received and encouraged by the
French IGni ; to the end therefore that your Majefty's faithful
people of Great Britain^ aflembled in parliament, may in the
moft fblemn manner, exprefs their unfluken loyalty, duty, and
aflfeAion to your Majefty's facred perfon and government ; and
at the fame time avow and manifeft to the whole world. That
iris the fixed refolution and purpofe of all vour Majefty's fubjedls^
to (upport and defend your MajefVy, ana your undoubted right'
ind title to the crown of this realm, and the proteftant fuccef-
fib^ eftaUifhed in your roval houfe, in defiance of the faid pre*
tdnrdtlt', hb offspring, ana their adherents ; and that they may
dMappoiht, defeat, and extinguifh the injurious, groundlefs,
and deteftiUe hopes and expeftation of your Majef^s enemies ;
may it pleafe your Majefty that it may^ be ena(5ted, and be it
ertaifled by the King's molt excellent majefly, by and with the
advice and confent of the lords fpiritual and temporal, and com«
monsy in this prefent parliament aflembled, and by the autho-
rity of the fame, That if any of the fubjcfts of the crown of High treaiba
Weat Britain^ (hall, from and after the fimday of May, in the to hold cor.
jrtxr of our Lord one thoufand feven hundred and forty four, rc/pondcncc
within this realm or without, hold, entertain, or keep any in- p,!!|t^^{
^gcoce or correfpondence in perfon, or by letters, meilages, ^ni.
^r.tKherwtfe, with theeldeft or any other fon orfons of the laid
pntender, or with either of any of^them, or with any perfon or
Miribbs employed by the faid eldeft or other fon or ions of the
laid pretender, or by either or any of them, knowing fuch per-
bn to be fo employed^ or (hall by bill of exchange, or otherwife,
^mtt or pay any aim or fums of money for the ufe or fervice of
tl^ did eideft, or other fon or fons of the faid pretender, or of
ekher or any of them, knowing fuch money to be for fuch ufe
or- fervice, luch perfon fo offending, being lawfully convidled,
(bill be taken, deemed, and adjudged to be guilty of high trea-
fon, and (hall fuffer and forfeit as in cafes of high treafon.
[ U^ And be it further enaAed by the authority aforefaid. That Any of the
if tfee^ eideft or any other fon or fons of the faid pretender, (hall, pretender's
ailtr the faid firft day of May, land, or attempt to land, or (hall j^g^o iMcfia
be fo)ind in Great Britain or Ireland, or any of the dominions Great Britain
or Ccrritories belonging to the crown of Great Britain, or (hall or Ireland, to
be found on board any (hip, ve(rel, or boat, being fo on board ^ atuinted.
with intent to land in Great Britain or Ireland, or any of the do-
minioQS or territories aforefaid, be and they refpc^ively, (hall,
by virtue of this adt, (land, and be adjudged attainted of hig:h
treafon, to all intents and purpofes whatfocver, and (hall fuffer
and forfeit as perfons attainted of high treafon by the laws of
the land ought to fuffer and forfeit.

III. And whereas in and by the/eid recited aff of the fcventh scar
T 2 of

zj6 Anno decuno fepdnio Georgii II. C.40. [&744«

t/the nign tfkarfaid lati majtjly ^uan Anne, it is prmMad
enatlidy That after the diCiaTi if tSe perfon wb§ pntemdid U ht
prifui cfWdlcSj during the life of tke bte King James, and put
pretmai to be King ^ Great Briuin, and at the end of the term 0/
three years after tke immediati fuccejjion to the creuntf uUm the ir-
mife of her faid late Majejiyjhould tale effect ^ no attmnderfor troo"
fon Jhould extend to the dtjberiting of any beir^ mr to the prejudke of
the right or title of any perfon orperfons^ other than the right or title
of the offender or offenders^ during his^ ber^ or their natural bus on-
If ; and that it Jhould and might be lawful to every perfon ^rperbm
to whom the right or intereft of any lands j ttnements^ or beremtO'
tnents^ after the death of any fuch offender or offenders j ficmld or
might have appertained^ if no ftuh attainder had heekj t$ OMter
into the fame \ be it further enaded by the authority afordaidi
That the faid provifion fo made by tlie (aid laft recited dade»
7 Anne, c. II. fliall not take place, nor have any operation, force, oreSeft
feft. 10. poft- whatfoever, until after the deceafes, not only of the fiud
Po°^^- pretender, but alfo of his. eTdeft, and all and every ochcr &»

and fons.
Offences com. ^^* ^^^ ^^ '^ further enacted by the authority afoit&id,
mitted out of That where any of the offences againft thisa£t (hall becommit-
tbe land, may ted out of this realm, the fame may be alledgol and laid, eo«
a*" ^"^rt of ^"'''•^ ^^ ^^^ ^"^^ '** *"y county in that part of Greai Britm
Great firiuin. ^^'^^^ England^ or in any (hire or ftewartry in that partof Grvtf
' Britain called Scotland.

CAP. XL-

Jn a£l to continue the feveral laws therein mentioned f$r fee-
venting theft and rapine on the northern borders ofRn^zsAs
for the more effeBualpunifhing wicked and evil diftofeip^-
' jiwj goifig armed in difguife^ and doing injuries and viokkts

to the perfons and properties of his MajefifsfuKeRs^ ^i'f
the more fpeedy bringing the offenders to jtifiife ^ forc^
tinuing two claufes to prevent the cutting $r hreakit^ dmt
the bank of any river ^ mr fea bank^ and to prevent tit
malicious cutting of hop-binds \ and for the more effiSed
punifbment of perfons malicioufly fetting on fire any ii0p
pity or delpb of coaly cr cannel coal\ and of perfons w-
lawfully hunting or taking any red or fallow deer tnfeir^
cr chacesy or beating or wounding the keepers or other Hff^*
cersinfcrejlsy chaces^ or parks \ and for granting a iSff-
ty to carry fugars of the growth^ produce^ or mannfaOwtt
of ar,y of his Majejifs fugar colonies in America, from
t be faid colonies dire£lly to foreign parts in fhips built in
jGrci'ut Britain, and navigated according to law \ and to
ex f lain two aSs relating to the profecution of offendns
for ewkziUng naval ftores, or fiores of war \ and to pre-
vent

1744*] Anno decimo (eptimp G£0R6ii II. c. 40. 277

vefU tbe Mailing of wine within either of the univerjittes
in that part of Great Britain called England without
licence.

WHEREAS the laws herein after mentioned^ which have
by experience been found ufeful and beneficial^ are near ex^
firing \ may it therefore pleafe your Majedy that it may be en-
acted; and be it enacted by the King's moft excellent maicfty, 13 1- 14 Car.
by and with the advice and confent of the lords fpirituai and t- c. 2£« '
temporal, and commons in this prefent parliament aflembled,
and by the authority of the fame. That an a<5t made in the thir-
teenth and fourteenth years of the reign of King Charles the
Second, intituled. An aH for preventing of theft and rapine upon
tie northern borders ^England, which by feveral a(5ts hath from
time to time been continued ; . and which by an aft made in the ^ ^^' *• ^ V*
fixth year of the reign of his prefent Majefty, intituled, Jn a^
fir mating perpetual the feveral a^s therein mentioned, for the better
riguiatim of juries^ and for impowering the jufiices o/fejpon or af
pzesfor the counties palatine ^j/Cheftcr, Lancafter, /7«/Durham,
t9S^oint a fpecial jury in manner therein mentioned ; and for con^
timmg tbe aH for regulating the manufa^ure of doth in the weft rid-
ing of the county of York {except a claufe therein contained) and for
tontnming an aStfor the more effeStual punifhing wicked and evil dif
prfoi perfons going armed in dyguife^ and for other purpofes therein
mentioned 'j and to prevent the cutting or breaking down tbe bank of
any river ^ or anj fea bank ; and to prevent the malicious cutting of
hop^binds ; and for continuing an ait made in the thirteenth and four'-
Utmh years of the reign of King Charles the Second^ for preventing
ikfftani rapine upon the northern borders ^England ; and for re-
viying and continuing certain claufes in two other a^s made for the Continued to
fame purpofe\ was further contmued until the firft day of Sep- *4J"n«* >75»*
ie^ef-y one thoufand (even hundred and forty four, and from ^*
ihefice to the end of the then next feflion of parliament, (hall
Be^and the lame is hereby further continued from the expiration ^^^ ^/^^^
thmof, until the twenty fourth day of Jum^ which (hall be in ,. c. 57***
tkc year of our Lord one thoufand feven hundred and fifty one,
^)i)(4 frotn thence to the end of the then next fe(rion of prlia^

.' n. And be it further enaAed by the authority aforefaid. That .s^me claufes
^'and every the claufes, powers, and authorities mentioned in in a6t 6 Geo.
the laid aft made in the fixth year of the reign of his prcfcnt Ma- *• F* 37- «-
j«Oy, relating to the faid a6t made in the thirteenth and four- , c||.^^»'^ '^'
CCfuth year of the reign of King Charles the Second, or for the to p went
fBore effefhial preventing of theft and rapine upon the northern theft and ra.
Ixnaler^ of England ; and which by the faid a£l made in the fixth pin^ o" the

J rear of the reign of his prcfcnt Majefty, were to continue in Scrt^of En °I^''
bcce until the firft day of September, one thoufand feven hun- \^^^^ "^"
drcd and forty four, and from thence to the end of the then ' '
next fdCon of parliament, (hall be, and the fame are hereby continued to
contimied^ from the expil^tion thereof until the twenty fourth ,4 junc, 175?.
<laT oijune^ which (hall be in the year of our Lord one thou-
^ ^ ' T3 fand

9^8 AnnodcdoQoiepdmoGEo&oiiIL €.40. [1744.

land ficvca hundfcd and fifty one, and from thenoe to the «id
of the then next feffion of parliament.
9 Gto. I . c«i. in. And be it further enacted by the authority aforefaid* That
to punilh per- gn a& made in the ninth year of the reign of his iate majdly ICing
^«*"»,|^^JJ§ George the Firft, intituled. An aa/$r the mre ifftOad pmfiijfi
difeuifed, &c. wclei aniivM diffofed perfons gring 4trmid in dijjpiifiy emi d$ing in-
juries and vioUnces to the perfons and properties rfms MtgfaftfsfA*
jeHSy and for the morefpeedy bringing the$ffmin$ Up^u^ midi
was to continue in force for three years, from the ifirft day nf
fvme one thoufand feven hundtlKd and twenty thne, and ffodi
tftGeo.i.c.30. ih^ce to the end of the then next idCon of parliooMtoC ; mtk
which by an a6t made in the twelfth year of the letgn of .hit 4M
^Geo.a.c.37. late MajeAy was continued from the expiration thmof SM'fife
years, and from Ihenceto the -end of the then nact ifeffiM4f
parliament ; and which bj a daufe in another 9& madeln ihs
fixth year of the reign of his prefent Majefty, intitided, 4na&

for making perpetual the feveral a&s therein mentioned for tibe^hetm
regulation of')urie\^ and for impowering the ^t^ieesaf^fyn.m'4ffim
for the eounties pidatine of Chefter, I^mcafter, mdumhuBSH to

appoint afpecial jury in manner therein mentioned^ jnifort
ing.the a£tfor regulating the manufaHure ofeloth in tbt wdt 1
af the county of York {exapt a elanfe therein eontmmd).wmf 01
tinning an a£tfor the more effectual piuniftnng ^wicked mi om^^^pifti
ferfons going armed in difguifoy and for other furpafos^iborm'^ien-'
4ioned\ and to treiwit the tutting orhrealang down Jbe kani^^-eif
river J or anyfea haniy and to prevent the maUeions emtingmhip^
lands \ and for continuing an a£t made in the thirteen A , won fm^
iunth years of the reign of Xing Charles the Second^ for.pavmtiei
theft and rapine upon the nortlwm borders ^Englaaa ; md.fitf^
piving and continuing certain claufes in two other aUs jnade.ffttbe
fame purpofe j was further continued until the firft day dF Jlijfh
tember^ one thoufimd feven hundred and thirty £x, and ieik
thence to the end of the then next feffion of farltimaiC; wi
yvhich by another a£t made in the tenth year of tfat ittgiijof Jib
prcient Majefty, intituled. An aS for continamg em aStfor-ohe
t© Geo. %. ^^^ efimally puni/hing wicked and evil difpofidfm^igoieig 0m-
^'* ed indifguifcy and doing injuries and violences to the. perfons. emdpih

pcrtia of his Majefly^ s fuhjeUSy and for the morefpeedy bringiag'tbi
offenders to juflice \ and for continuing two ckufes io preveui iht
cutting or breaking down the bank of am river^ or fea iaerkyOndH
prevent the malicious cutting of hop-bindSy contained in onaQ pefii
in theRxth year of bis prefent Majejlfs reign ; and for the wmeM*
fellual puniflment ofperjons removing any materials ujltdforfeeetrmi
marjb er fea walls or banks^ and ofperjons maHeimfiy fitting on pre
any miney pitj or delph of coal, or cannel coal ; and of ferfons tm-'
lawfully hunting or taking any red or fallow deer inform or tbans^
er beating or wounding keepers or other officers inforeftSy ebaces^ or
Continued to parksy and for more effectually fecuring the breed efwilifomA \ ^i«i$
JMi^ 141 ^75>' further continued from the 45xpiration thereof until the firft day
of September^ jfi the year of our Lord one thoufand feven bun*
llred a^ ^brty fpur, m^ from tbenc^ tP Uic «ml of the tben

1744-} Anno dedmo f^^'vtio Gboroii IL c. 40; 279

next feffion of parliament; (hall be, and is hereby further con- Farther comH^
tinuedy from the expiration thereof, until the twenty fourth '^f^ ^
day ofjiffii^ which ftull be in the year of our Lord one thou- ^-y.^' **
bM (even hundred and fifty one, and' from thence to the end
of the then next fieflion of parliament.

IV. And be it further enaAed b]r the authority aforefaid^aaufein^
Tiiat theclaufe in the faid adt made in the faid fixth year of the Geo. z. c. 37.
reign of his prefent Majefty, which enads. That if any perfon f*^ 5- rcUt-
or perJTons, during the continuance of the faid aft made in the |JJ| J,^ X^^^
fitid ninth year of the reign of his faid late majefty King Gdcr^e of any^ivcr/
the Firft, (hall unlawfully and malicioufly break or cut down or fea banks,
tte bank or banks of any river, or any fea banks, whereby any
landi (hall be overflowed or damaged, every fuch perfon oeing r ^- .
«iewof lawfully conviflcd, (hall be adjudgid guUty of felony, JjIh/'^g^^
kUd ihatU fuflfer death, without benefit of clergy ; and which by i. c. %%.
'teocher aA made in the faid tenth year of the reign of his pre-
fetit Majeffy, was further continued during the continiunce of continued till
the jifbrememioned ad made in the ninth year of the reign of H June, 1751.
Vb bid hte Majdly, (hall be, and is hereby further continued,
from the expiration thereof, until the twenty fourth day of ^arthir comH^
IKm, whidi (hall be in the year of our Lord one thoufand ^J^
men hundred and fifty one, and from thence to the ead of the c. 57. ' *'
didn next feflion of parliament.

- 'V. And be it further enaAed by the authority aforefaid. That CUufe in €
indther daufe in the faid adl, made in the faid fixth year of the ^f^*> ^' S7*
fdjjn of his prefait Majefty, which enaSs, That if anv perfon S/hop.
or fierions, during the contmuance of the faid ad made m the binds,
ninth year of the reign of his faid late majefty King G^rge tb^
Firft;Aiall unlawfully and malicioufly cutany bop^inds, grow*
big on poles in any plantation of hops, every fuch perlon or

efdds, being thereof lawfully convidled, (hall be guUty of fe-
jr, and (hall fuflfer death without benefit of dergy j and '"®ny-
irfaich by another z£k made in the faid tenth vear of the reign of
Ms preient Majefty, was further continued during the continu- Continued by
taeeof thebemre-mentioned aiSt, intityled. An aff for the mon ^oGto. %.
iffH^hud pumjbing wicked and evil difpofed perfonsy gotng armed in ^' **•
m^mfe^ and doing injuries and vi^ences to theperfons and properties
)ffbis Mmefifsnibieetss and for the morefteedy bringing the of end- Continufd till
iriU jufiice\ (nall.be, and is hereby funher continued, fnom H June, 175 y.
the expiration thereof, until the twenty fourth day of Hunty ^ ^.
in.hlch (hall be in the year of our Lord one thoufand fevcn hgn- »^</^a?Gco.
AttA and fifty one, and from thence to the end of the then qe^t ». c. 57.
feffion of parliament.

VL And be it further enadled by the authority aforefaid, Claqfe in
That a daufe in the faid a<5t made in the faid tenth year of the "® ^^' *•
reign of his prefent Majefty, for extending, during the conti- ^' '**
nuance of the faid a6t made in thjC ninth year of the reign of his
laid late Majefty, all the provifions in the laft mentioned adl
contained (tor the more fpeedy and eafy bringing the offenders
^inft the faid aft to juftice, and the perfons who ftiall conceal,
fidy abct^ or fuccour fuch offenders \ and for Quking fatisdac-

T 4. tion

f!ig 1^0 decimo leptimo Georgji IL c. 40. [iH^

tion and amends to all and evenr the perfon and perfisns tbof
executors and adminiftrators, for the damages they (hall have
fiiftained or fuffcred by any offender or offenders againft the (aid
a£t, and for the encouragement of perfons to apprehend and fe-
cure fuch offender and offenders ; and for the better and more
impartial trial of any indi<5lment or information which (hall be
found, commenced, or profecuted for any of the offences com-
mitted againft the faid a<Sl, together with all reftri£tionSy limi-
tations, and mitigations by the faid afl dire(fled.) to all cafes of
offences committed by unlawfully and malicioufly breaking
down, or cutting down the bank or banks of any river, or any
fca bank, whereby any lands (hall be overflowed or damaged;
or by unlawfully and malicioufly cutting any hop-binds, grow-
ing on poles, in ^y plantation of hops ; or by wilfolly and
malicioufly fetting on fire, or caufmg to be fet on fire, any
Continued tin mine, pit, or delph of coal, or cannel coal; (hall be and is
44 June, 1751. hereby further continued, from the expiration thereof, until the
twenty fourth day of Jiinej which fliall be in the year of our
I^ord one thoufand feven hundred and fifty one, and firom
thence to the end of the then next feflion of parliament.
Claufe in ^^^' And be it further ena6led by the authority aforefaiil,

so Geo. «. That a claufe in the faid a6t made in the faid tenth year of the
c. s» for reign of his prefent Majefty ^for the punifliment of perfons ma-
'^ci-fon*"St- y^^^^^^y fetting on fire, or caufmg to be fet on fire any mine,
tincTre to* P^^' ^^ delph of coal, or cannel coal) which was. to continue
coal ptti, m force during the continuance of the before-mentioned ad,
made in the faid ninth vear of the reign of his faid late majeflv
continued tili King G£crge the Firft, (nail be, and is hereby further continuea,
>4.Junc,^75i/from the expiration thereof, until the twenty fourth day of
7«;/^, which (hall be in the year of our Lord one thoufand feven
hundred and fifty one, and from thence to the end of the then
next feflion of parliament.
Claufrs in VIII. And be it further cnadled by the authority afbrelaid,

^oGeo.'s^ . That all and everv the claufes, powers, and provifions in the
e. 3«. tor pu- faid a£t made in tne faid tenth year of the reign of his prefent
niniingfccon4 ^laiefty, relating to the punifliment, trial, and conviAion of
Utfng^o'kUl- '^^^ perfons as fliall be guilty a fecond time of unlawfully
ingc^^dccr, ' coqrfjng^ hunting, taking in toils, killing, wounding, ortak-
&c. ing any red or fallow deer, in any open or uninclofed foreftor

chacc where deer are ufually kept j and for the punifhment of
fuch perfons who (hall come into any foreft, chace, or park
wherein deer are ufually kept (be the fame inclofed or not m-
clofed] with an intent tocourfe, hunt, take in toils, kill, wound,
or take away any red or fallow deer, and fliall there unlawfully
t>«at or wound any keeper or keepers, page or pages of aiiy fuch
foreft, chacc, or park, where deer are ufually kept, their fer-
vants or affiftants, in the execution of his or their oflScc j which
continued till were to cpntinue in fprce during the continuance of the before
>^ June, 1751. mentioned aft, made in the faid ninth year of the reign of his
faid late majefty King George the Firft, (hall be^ and arc hereby
continued ffo^i ^he cxpir^tioi) theregf, until the twenty fourili

da^

^744*1 Anno decimo feptimo Georoii IL c.40. 281

4ay ofjunfj which (hall be in the year of our Lord x>ne thou-
iand fevcn hundred and fifty one, and from thence to the.end
cf the then next feffion of parliament.

IX. And be it further ena<5ted by the authority aforcfaid, . -. ^
That an ad made in the twelfth year of the reign ot his prefcnt ^ c.7o. re-
Majefty, intituled, Jn (Uf for granting a liberty to carry Jugars ^hVingto the
tbi growth J produci^ or manufa^ure ofatty of his. AJajeffs fugar fugarcolonict.
€ci9niis in America, from the faid colonies direSlly to foreign partSj

in japs, built in Great Britain, afid navigated according to law;
which was to continue in force for five years, from the twenty continued till
ninth day of September^ one thoufand feven* hundred and thirty *♦ ^**"^» '^5««
nine, ana ftom thence to the end of the then next feflion of par-
liament, (hall be, and is hereby continued from the expiration Fartbgr eontU
there^, until the twenty fourth day of June^ which fliall be in ^edkyi^
,the year of our Lord one thoufand feven hundred and fifty one, ?«?• *' ^' ^*
and from thence to the end of the then next feffion of parlia- '^*
taent.

X. And whereas by an a^ made in the ninth and tenth years of the ^ w. 3. c. 41.
reign of King William the Thirds intituled^ An a£t for the better to prevent im*
preventing the imbezilment of his Majefty's (lores of war, and ^l^*"*^ .
preventing cheats, frauds, and abufes m paying feamens wages ; b^uTpav-'
it is enaifidj That from and after the four and twentieth day of June, ing fean^ns
Mf thoufand fix mmdred ana ninety eighty itjhall not be lawfta to or wages.

for at^ perfon or perfons whatfoever^ other than perfons authorized by
/contra^ ing with his Atajefl/s principal officers or comtniffioners of the
navy^ ordnance^ or victualling office^ for his Majejlfs ufe^ to mark
mnftores of war ^ or naval Jlores whatfoever, with the maris ufualh
ufeatOy and marked upon hts Majejlfs faid warlike and naval orora-
nance Jlores (in the manner as in the faid aSi is defcribed) or any
ptherjloresy wifh the broad arrowy byjfamp, brandy or otherwifty up^
pn pain that every fuch perfon or perfons who fhall make fuch goods fo
piarkedy as in the Jaid a£l mentioned^ not being a contrahor with bis
Majejlfs principal offiarsy or commijjioners of the navy^ ordnance^ or
vHfualUng f^r his Maje/lff ufe^ or employed by fuch contraStor for
" efai/y fhall " - • -•

ihatpurpojeas aforefaidy fhall for every fuch offence forfeit fuch goods^
and the fum of two hundred pounds^ together with cojls. offuitj one
moiety whereof Jball be to his Majejiy^ and the other moiety to the in^
former^ to be recovered by a^ion of debt ^ bill^ plaint ^ or information ^
in any of his Majejlfs courts of record at Weftminfter, wherein no
ejffhiny privilege y prote^ion^ wager oflawy injun^ion^ or order ofre^
Jlreiinty nor more than one imparlance fhall be allowed : and it is there^
iy further ena£ledy That fuch perfon or perfons in who ft cuftody^ pof Penalty on
feffion^ or keeping fuch goods or Jlores marked as afore faidy fhall be P«jJ?"» g^
founds not being employed as afbrefaid\ and fuch perfon or perfons ^^*^"*
who fhall conceal fuch goods or flares marked as aforefaid^ being in-
ii^edand conviSfedoffuch concealment ^ or of the having fuch goods
found in the cujlody^ pojfefjiony or keepings fh^ll forfeit fuch goods, and
the fum of two hundred pounds^ together with the cofls of profecution^
vne moiety to his Majejly^ and the other moiety to the informer y to be
recovered as aforefaid\ and fhall alfofufftr imprifonmenty until pay-
jnent and performance of the forfeiture^ unUfs fufh perfon fhall upon

hn

2^2 Anno dedmo fepdmo GsoftGix U. c. 40. . [1744^

Us trial produce a artifiitae under the bands $f three w man rfhii
Majeffs prsHiipal effiters^ er temwiffioners efthe navf^ ordmmte^ $r
xn^allingi expreffwg the numbersy auantities^ or weishts effuehneis^
as he erJhejMl then he inASIedjer^ and the eccefion mul reefms if
Jueb goods coming to his or her hands or poffe£ion: and whereas ha»
f Geo. I. c. I. npther a^ made in the ninth year of the retgn of bis late majf/fy jp«|f
George the Firft^ intituled^ An a<9 for continuing feme laws, and
reviving others, therein mentioned, for exempting apotbcctfks
from ferving parilh and ward offices, and upon juries, andrdating
. to jurors, and to the payment of feam^ns wages, and the preferva-
tion of naval ftorcs and (lores of war, and concerning the milidi
and trophy money, and againftclandeftinenmningcrf'uncufttmH
ed goods, and for more efteftual preventing frauds relating to the
cuuoms, and frauds in mixing (ilk with ftims to be exported ; iht
aforefittd aSt of King William ts recited^ and afenaUy ofiwo hmM
pourm^ with cojfs of profecution^ and pain of inOriJonmentg is in*
fli^ed itpon perfons having in their cu/iody^ p^effien^ or ieepingj 0
eoncealing contrary to the fmd tf^, at^ wariiJtey naval^ or orSiame
Jlores therein mentioned^ or any other Jlorer mmrhed mtb the hroot
arroWj byfiampy brandy or othermfe: and whereas it utas weefiff
eo give power to mitigate the faid penalties^ and to es^inandmed
thefaida^y it is thereby enaQedy That if any perfin or perfons JUI%

after the five and twentieth day of March, one thtnifani fep&i
ired and twenty ibreCy be lawjmy convi^ed of having in m, ior^W
their euftodty any timber^ thick Jls^y or plank fo marked \ every Ub
per f on JO offendingy fhall fuffery forfeit y and pay as for havinjg^ mp-
4ng9 or concealing any other warlike^ navaU ^^ ordnance fhreSy M-
trary to thefaid aff : and it is thereby provided and enaifed^ Thdt it
fhall be lawful to and for any judfCy jujfice orjujliees^ before tpM
any cffender or offenders fhall be convilted of any of theermaeor^^
fences before reatedy enalfedy of mentioned in the Jaida^y to tmti'
gate the Penalty for the fdmOy as be or they fhau fee eaufey and to
commit toe offender or offenders fe convi^edy to the common gaol fftbe
eounty or place where the offence fhall be eommittody there to remain
without bail or mainprizoy until payment be made of the pencdty and
forfeiture imp&fed by that or the faid former a^y or mitigated asaforo*
fatd'y or topunififuih offender or offenders corporally y by canfmg hiMy
her or them to be publickly whippedy or committed to feme pubStk
workhoufcy there to be kept to hard labour for the fpace of fin montbsy
or a lefs timCy as to fuchjudge^ juftice or Ju/lices in his or their Hf-
cretion fhall feem meet 5 any thing in the faid recited a^y or in any
other aJf to the contrary notwithflanding : and it is thereby further
enaSled^ That where any difputes fhall arife between the perfons upon
whofe informations or oaths any perfon or perfins offending in tbepre^
yniffesy or agaiuJI the faid former a Sty fhall he profecuted andconvtSUd
touching any right or title to any of the forfeitures or penalties be*
fore mentionedy or atty part thereof y the Judge y juftice or jufticeSy
More wi:omfuch offender or offenders flkill be convictedy fhall examne
the matter and finally determine the fame: and whereas feme doubts
have art fen touching the method of trial and punifhment of offenders
(fgainft the faid recited a£fs^ whether as the fm a^f are wordedy

fUfb

1744*1 AaoOjdeciinoiepdmoGEORGiiIL €.40'. 2^3

ftuh ^fimdir tff tfmdiin my he mUeted and tried for the crinte^ ant
9ffmm% in thifmd affs mentioned^ and whether any judge y jvftu'e or
mftkes tf eMzi^ ^rjufiltes of peace at thefeKens^ may btar^ try arid
ihutmne ttefamij md eh eonvMon^ Jet fitch fine^ or mitigate the
/bitf, and the forfeitures and penalties inflicted by the of ore/aid affs^
an fiub offtniir or offenders^ as the nature of the offences miy de-
fenee ; or whether jScb offenders as aforefaid^ in order for recover-
mg ihi Jaid forfehnres and penalties mfliiied by thefaid aSf^ can oH^
hhffHiodedagtttnflty aMonofdeht^ biU^ plaint^ or information,
mfomo ef bh Mt^^s courts of record at Weftminfter \ by reafon
§f tMc9 donhtSf u has fo happened, that offenders againjl the Jaid
miiid adISf having keon incited for the Tamcj have efcaped uA^
pmii^df to the great emonragement of fuch offenders and others, to
amwiit ihi Sie crimes and offences for the future ; for the remedy-
itt^ whcffcof, and for the exphining the adts above mentioned, j^§^\cci of af.
k n beiiby dechred tnd enmfled. That it (hall and may be law- fixe, or qoar^
All to and for tny judge, juflke or juffices at the aimzes, or ter rdfiont*
fMcm of the peace it the general quarter-feffions to be holden ^y ^Jj[l
far any countyy city, borough or town corporate, to hear, try |J|2^the
and determine, by indiAmeht or otherwife, all or any the crimes ft^i, te.
m •ffcncet meatiatied in the fiud recited adts ; and that the Cud
judge, juftioe or juffiees of aflbe, or juitices of peace as afore-
fin^ befcm whom fiich offender or c«enders (hall be indlAed,
or tried and eonvidled of all or any the crimes or offences in the
jSiid recited a6b flsentioned, may mipofe any fine, not exceeding
^efum of two hundred poimds, on fuch offender or offenders;
one OMuety to be paid to his Majefty, and the other moiety to the
siiifbrmer; and may Hiitinte tm faid penalty and forfeitures, in-
4KABd by the faid recited aAs, or either ot them, and to com-
mit ttit oflimder or offenders fo conviAed and fined to thecom-
fBon gii(ri of the county or place where die offence (hall be com-
•mtm ; there to remain without bail or mainprize, until jpay-
-mflpt he made of the penalty and forfeitiues impofed by this or
:tbe iaid former ads, or mitigated as aforcfaid ; or in lieu there-
<of, to punifli fuch offender or offenders in the premiflcs cof-
|ierally, by caufing him, her or them to be publickly whipped,
and oommitted to fome houfe of corredtion, or puhlick work-
^houkf there to be kept to hard labour for the fpace of three
months, or lefs time, as to fuch judge, juftice or juftices of
aflize, or juftices of the peace, (hall in bis or their difcretion
•feem meet ; any thing in the faid recited adts, or in any other
•aA to the contrary notwithftanding.

XL ^nd whereas divers perfons have of late taken cellars, vaults AgainftfcDing
artvareboufes, within the wirtftrjiry of Oxford, and the precin/Isymevnthout
thareof, in which they retail great ^ffantities of wine, not having li* licence at ei-
unce from the chancellor or vice chancellor of the Jaid univerfity, in ^^^2!!
violation of the rights of the faiduniverfity, and in prejudice of his ^""^'*™""'
Jdajeflfs revenues : and whereas the lile offences may be committed
withh the univerjity of Cambridge, and the precincts thereof, hy
perfons felhng wine by retail^ not being duly licenced by thfaid uni^
perfaj: ^d uicreaj the a^s of parliament relating to wine licences

d$

284 Anno dedmo fepdmo Georgii IL c.40. [i744.

do noi extend to tbtjfald umverfities ; be it enaded by. the authority
aforebld, That /rocn and after the twenty fourth day of Jum^
one thoufand feven hundred and forty four, no perfon or per-
fons (ball fell wine by retail, within either of the faid univerfi-
ties, or the precindts of either of them, unlefs fueh perfon or
perfons (hall be duly licenfed or authorized fo to do, bv the
chancellor or vice chancellor of the faid univerfity of Oxford^ and
fay the chancellor, matters and fcholars of the Mid univerfity of
The Penalty. Gambridgo refpedively, upon pain of forfeiting for every ofitance
the fum of five pounds ; one moiety thereof to the ufe of his
Majcfty, his heirs and fucceflbrs; and the other moiety to the
informer ; and that all perfons offending ^inft this adt, (hall
and tnay be profecuted and proceeded agunft for the faid forfei-
tures, in the courts of the chancellors or vice chancellors of the
faid univer(ities re(pe<!tivdy, in a fummary way, by fummon-
ing the party accufed to appear in the faid courts refpedtively)
and on appearance, or contempt of the party accufed, by not ap-
pearing, being duly fummoned, and oath thereof made, fucb
courts may examine the matter, and upon confe(Con of the party
accufed, or on the oath of one credible witnefs, of fuch party's
having qiFended againft this a<£l, fuch courts re(peftively (Kail
and may give fentence a^nft fuch party, and iniie their war-
rant or warrants for levying the faid forfeitures, by di(lrefs and
fale of the goods of the party ofFending, rendering the overplus,
if any, to the party on whom fuch didrefs (hall be made ; and
for want of fuch ditb-efs, (hall and may commit fuch offender
or offenders to the houfe of correAion, there to remain without
bail or mainprize, for the fpace of pne month ; and fuch fen-
tence or fentences (hall be, and are hereby declared to be taken
and adjudged to be good, valid and effectual in the law ; and
that no wnt of Certiorari^ or other procefs (hall {(fue or be i^
able to remove any fuch fentence firom the faid courts of the uA
(:hancellors or vice chancellors, rcfpe<£tively, or to remove aajf
order or other proceedings made or taken by the faid courts D%>,
fpcAively, upon, touching or concerning any fuch fentence, io^*
to any of his Majefly's courts of record at Ivejimnfter^ until tW
party or parties agamft whom fuch fentence ihall be given, be^^"
fore the allowance of fuch writ of Certiorari^ or other procefi,'
(hall find two fuiiicient fureties, to become bound to the pro^-
fecutor or profecutors of fuch offenders, in the fum of fiftf
pounds, with condition to profecute the fame with effcft, with*
in twelve months, and to pay unto the profecutor or profecutors
his or their full cods and charges of the removal of fuch fen«
tence, and the proceedings thereon, in cafe fuch fentence (hall be
affirmed ; any law, ftatute, provifion or ufage to the contrary
notwithftanding*
This aa not XH. Provided always. That this aa, or any thing herein
to afTea the contained, flial] not in any wife be conftrued to prejudice or con-
privilegefiof fjmi any of the liberties, privileges, franchifes, jurifdi<5tions,
&c ofcJxford, PO^c^s ^^d authorities appertainUig or belonging to the mayor,
' bailies ai>d con)moaalty gf the (?ity of Oxford^ or to any of

themj

f 745*1 Anno dedmo oftavo Georgii IL c. i, 2. Hg

them, but that they, and every of them, and their fucceflbrs,
may have, hold, ufe and enjoy all thdr liberties, privileges,
Branchifes, jurifdiAions, powers and authorities, in fuch large
and ample wife, as though this prefent zGt had never been had
or made*

CAP. XLI.
Aa mR. for making more elfedu^ fcveral aftt pafled for repairiiup the
road leading from the ftones end in the parifh of Saint Leonard, Siore-
ditch, in the county of Middlefex, to the furthermoft part of the nor-
thern road in the psu-i(h of Endiield in the fame county, Qext to the
pariih of Chefltunt in the county of Hertford; and for amei^^ne the
road from the watch-houie in Edmonton, to the market place in find*
fiekL

Tbifimur frwati mSt tmAmud for %\jutn.

CAP. XLII.
A« ad for amending and making more efie6h]al an ad made in the lait
' /effion of parliament, for continuing an ad made in the thirteen^ year
,bf the rdgn of hit late ma\efty King George the Firft, for repairing the
"" ffbadt from Luton in the county of Bedford, to Weftwood Gate in the
'.'Hod county s and from Luton to Sunt Alban*s in the county of Hert-

CAP. XLin.

Ai^ ad for repairing the road from the town of Budcingham in the coon-

ty or Bucks to Warmington in the county of Warwick*

Ctriam Mi granO^ fir%\ yuvt

'Annodecimo o&avo GEORGII IL RegisJ

AT the parliament begun and bolden at Weftminfter^
the firft day of December, Anno Domini one tbou-^
famd feven hundred and forty one^ in the fifteenth year of
the reign of owr fovereign lord George the Second^ ty the
gtaa of God of Great Britain^ France and Ireland, King^
difender of tbefaitb^ Sec. And from thence continued iyfo^
veral prorogations to the twenty feventh day of November,
cnt thoufand feven hundred and forty fowr^ being the fourth
fiffim of this prefent parliament.

CAP. I.

An ad for jgrrantipg an aid to bis Maielly by a land tax to be raifed in
Great Britain, for the fervice of the year one thoufand feven hundred
and forty five. EXP. At 4.1. in the pound.

CAP. II.

An ad for continuing the duties upon malt, mum, cyder and perry, in
that part of Great Britain called England ; and for granting to his Ma-
jafty certain duties upon malt, mum, cvder and perry, in that part of
Great Britain called Scotland \ for the (ervice of the year one thoufand
ftveo butulred and forty five. EXP.

QAP.

tf. c. 7.

2t6 Anno dedmo oftaro GeoROii II. c 3^4^ 5. [1745.

CAP. ra.

« An ai^ to enable the pariffiioners of the parifli of Saint Margaret, wkbiii
the borough of Kin^*s Lynn, in the coanty of Norfolk, to ratHe montjf
ty rattt upon themfelvw, for finifiimg the church of the fad pariiL

CAP. IV.
An a£i for repairing the road leading from the town of Kingfhm upoo
HttUi to and through the town ot Anlalnr, and from theoce to thi
town of Kirk-Eila, in the county of the uud town of Kingfton opot
Hull.

Ctrtmn uUs groMieJfir 1 1 jfor/.

CAP. V.

dn alt for grMimi and cotUmmng tin duiiis upon/sli^ and
upon red and white herrings^ for the further term of fix
years \ and for declaring that the duties on falt^ which
arife and are payable in thai part of Great Britain catliii
Scotland, JhaU befubjeH to the fame charges thereon^ as
the fame duties wrre liable to by the a^ of the ffth yeist
the reign of /us late majefty King George the Firfl. EXP.

WHEREAS by on a^ of parliament^ made in thi fifih ani^
fixtb years of the reign ofthwr late majtjiies King vvillial^
and ^een Marjj, of glorious memory^ intituled^ An aft fbr grant-
ing to their Majedies certain rates and duties upon fait, and up-
on beer, ale, and other liquors, for fecurine certain recompences
ihd advantages in the faid adt mentioned, to fuch perrons a
(hall voluntarily advance the fum of ten hundred thoti&id
pounds, towards carrying; on the war aeainft fhanet;. it vWi
amengfi other things ena^cd^ That from and after thi twenty Jif^
day of March, one thoufand fix hundred and ninety fottr^ tmrt
Jboutd he throughout the kingdom of England, dominion of ^ WaKS,
and town of Berwick upon Tweed, raifed^ levied^ coBtQei 0^
paid unto their Majefiies^ their heirs and fucceffors^ until thefevtnk
teenth day ofMzy^ which Jhovld be in the year of our Lordouo tMh
fond fix hundred and ninety feven^ for fidty the rata and dutiet.
following i that is to fay^ For every gallon o/foU% not being of tki
prodtiB or manufadJure of the kingdom (»/ England, dominion if
Wales, or town of Berwick upon Twew, imported^ or to be im-
ported into England, Wales, or Berwick upon Tweed, tbt fi^
of three pence of lawful money of England, - over and above the ttim
duties payable on fait imported^ and ^jfter that rate for a greater or
liffer quantity ; and for every gallon of falt^ and rock falt^ made at-,
the fait works J or taken out of any pits within the faid kinj^om of
England, dominion of Wales, or town of Berwick upon Twecdt
thejum of one penny halfpenny ^ and after that rate for a greater or
lejjfer quantity ^ with divers provifions and directions in the faid a^
contained for managing^ colleSling^ paying and apphing the faid dd*
7 & 8 W. t. '^^ ' ^'^ whereas by another aff^ made in thefeventb and eighth years
c. ji. ' ' of the reign of his Jaid late mcqejiy King William the Thirds intir
tuled^ An act for continuing to his Majefty certain duties upon
£dt, glafs wares, ftonc, and earthen wares, and for granting fe-

veral

i74$«]l J^W dectmo oftavo GeoRGII II. a 5. tSjt

veral dodet upon tobacfeo pipes, and other earthen wares, for

canrying on the war againft Frafui^ and for eftablilhing a national

lana Innk^ and fior taking oflf the duties upon tonnage of (hips»

and uppo cosds ; ibi farm rates and duties were cdntinuedfer ever

fer the fetrpcfesefthefaid ail: and whereas if an ail of parUamentf

made in the ninth and tenth years ef the reign ef his [aid late majejiy 9 & 10 W. j.

K^ William the Thirds iniituledj An ad for raiting a fum not c.ff.

exmding two millions* upon a fund for payment of annuities*

after the rate of eight pounds per centum per annunty and for

fettling the trade to tne Eaft Indies -, it was^ amon^ ether things^

enaffeSy That there Jbwld be raifed^ levied^ cdle&ea and paid unt0

Ins Majeftjy his heirs and fuccejfirs fer every for faUy the fiverd

additional rates and dstties following ; that is tofay^ For every galloso

tffiU^ from and after the twenty fourth day of December* in the

y$ar of our Lord one thoufandftx hundred (uid ninety mne^ imported

from foreign PartSy the fum of feven pemey of lawful money of

England* to he paid by the importer or importers thereof ^ and after

that rate for a greater or Ifffer quantity ; and for every gallon of/alt^

and rock falty from and after the twenty fourth day of December,

ona tboujand Juc hundred and ninety ninOy made at tie fait worh^

or taken out tf any pit or pits within the kingdom of England* do^

minisn of Wales* or town of Berwick upon Tweed* the fum of

time Una halfpenny of Uke monefy and after that rate for a greater

mr ^ffer fuantity : and whereas by the articles of union between tha

kingdams ^England and Scotland, all the laid duties on fait wen^

fr^n the times therein mentionedy to take place in Scotland (except

the additional dutv on home-made fait) with feme provijionsfor pre*

venting fait made in Scotland from being brought into £nglaAd»

without paying the faid additional duty on fait made in Enghnd :

and wffhereas ^ an afi of parliament made in the third year ^ ^he q^^ ^ ^^

reigu ^ hisprefeut Majeftyy intituledy An ad for taking off cer- • « •

tain duties upon fait; and for making good^any deficiencies in

th,f funds, that may happen thereby ; and for diargix^ the re-

diiceid annuity payable to the Ea/l India company on the ag£re-

S\i^ fund ; and for ttikf of Matthew Lrouy executor of Amthew
^i'deceafed* in refoed of the duty for fait loft by the over*
fewlng of the river Mercyy in the year one thoufand feven hun-
dred and twenty four* // /; enadfedy That from and after the twenty
fifth day of December* in the year of our Lord am thoufand feven
hundred and thirty y the duty of one penny halfpenny per galbn on
fait and rock fait made in this kingdomy which was granted by the faid
aff of the fifth anifixth years of the reign of their late maje/lies
King William and ^en Mary ; andalfo all the additional Mtes on
falty whether imparted from foreign parts or home-made^ which were
granted by the faid ait of the mnth and tenth years of the reign of
bis faid late majefty King William the Thirdy Jhould ceafcy determiney
and he no longer paid or payable \ and theuy and from thenceforth aU
the powers and authorities given or granted by any atl or a£ls ofpar^*
Uamentfor the levying^ fauringy colleQing or recovering the fame ;
and all ^unities and forfeitures relating thereto \ and all provifions^
repiiattem or refiriflions relating to the intoning or bringing of fait

made

aS8 Anno decimo oAavo Georgii n. e.g. ['74$'

made in Scotland into England, withmt paying the faid aiditimd
duty on faltj Jhould uafe^ deierminfy and net be put in exenttieni
and then and /rem thenceforth the right or demand of any perfin or
perfons in purfuance of the [aid recited a^s^ or any of tbcm^ on bit
or their exporting beyond the/eaSy any fait ^ for which the faid duties
bad been before lecured or paidj to have the fecurities for the fame
difsbarged^ or tie monies paid for the fame repaid^ Jbould cea/e and
determine^ as iofo much of fuch fecurities or pigments as were given
or made for any of the duties by the faid a£t to be determined ; and
that no drawback on account of fuch duties fo fecured or paid^ before
the faid twenty fifth day of December, in toe year of our Lord one
thoufandfeven iundred and thirty (except for the, duty of three pence
per gallon on foreign faltj impofed by the firjl herein recited oG)
Jbould be made and allowed on any fait exported beyond the feas after
that time J with a provifo in the faid a^ contained^ that the fame
Jbould not extend to determine the faid duty of three pence per gaUm
em falt^ not of the product or manufaHure of the kingdem ofEng"
hxidy dominion of WzltSy or town of Berwick upon Twe^,^tff
aforefaid^ granted by the faid a^ of the fifth and fixth years of the
reign of their faid late majefties King William and^een Mary, rnr
to determine or make void any of the proviftons^ rules or direhim
made by the faid a^Sy or any o/themy and then in force for payment of
the faid duties by the importers of fuch foreign fait upon the entry tbero'
§fy or for preventing the landing thereof before Jucb entry made^ or

tbefecuring the fame by bondy with fufficient fureties^ ^/^^ dBtfrneg
the difcounts for paying the faid duty in reaiy money or for aHewames
for drawbacks of the duties paid or fecured on the re-exporting the

Jafne to foreign partSy or making good any accidents or Ujffes that
might happen in fuch falty after jhipping the fame for expertatitn
to foreign partSy or to be carried coajlwifty or for ajiertmnhg tie
weight in each bujbel by which the faid duty Jbotdd be computed^ or
to determine or make void any former a£l or claufe relatittg to the
fiips or veffels laden with foreign falty found hovering on the coedl^
or relating to fuch fait export^ to Ireland, and landed Jbero\ m
the fame^ and every of themy /bould remain and be in as full fora
and virtue^ as they then were^ if the faid lajl recited ait bad mi
been made: and whereas by an aSf of parliament made in the fifA
5 Geoi 1. c 6. yt^^ rf ^*' ^^t^ft of his prefent Majeftyy intituledy An ad for re-
viving the duties on fait for the term therein mentioned, it was
ena^edy That from and after the twenty fifth day of March, om
tboufand fiven hundred and thirty twoy for and during the fpau if
three yearSy the duty of one penny halfpenny per gallon on all fait and
rock fait made at the fait works y or taken out of any pits in this king"
domy and afier that rate for a greater or leffer quantity^ which tots
granted by tie faid a£I of the fifth and fixth years of the reign oftbne
late majefties Ring William and ^een Mary,' and fince madeper*
petuahy and alfo all the additional duties on Jhlt (whether imported
from foreign partSy or made in any fart of Great Britain) which
were granted by the faid all of the ninth and tenth years of the reign
of his fiiid late majcfty King William the Thirdy or modi pcnabl^
by the artides of union beftveen the kingdoms of England and dcol-

landy

17450 Anno dccimo odtavo Georqii H. C.$i t«^

Imdyjtmld be revived^ and be payabk andpmd injiab manner ^ and
fMtb fiub allowances for prompt paymenu and for wafle on fak
carried etaflwife, or to Ireland, as if the faid Iqfl recited acf of the
third year of the reign of his prefent Majefty bad never been madei
and that all the powers and authorities given by the faid recited a&s^
or either of themy or by any other atf or a£ts of parliament^ for le^
v^^ng^ coilefling^ recovering^ fccuring^ and paying the faid duties^
and all penalties and forfeitures relating thereto^ and all provijiont
far the diftribution of fuch penalties and forfeitures between his Ma-^
jefiy and the informers^ when recovered^ ana the methods of fuingfor^
recovering^ receivings and mitigating the famcy and all provijions^.
regulations s or refiriStions relating to the importing or bringing of fait
made in Scotland into England, without paying the faid additional
inty on falt^ Jhould be revived^ and be in full force and virtue -^ and
th0t the right or demand of any per f on or perfonSy in purfuance of the
faid a^fs^for or in refpelf of his or their exporting beyond the feas
aufjf fait for which the faid duties Jhould be paid, or fecured to be
paid, to iave the fecurities for the fame difcharged^ or the monies
^dfor the fame repaid^ Jhould be alfo revived^ and all dlrawbads on
Ttemtnt of fuch duties^ fo fecured or paid, Jball be made or allowed
^§r er in rejpelf of the exportation of fait to parts beyond the feas
^heiber the fame Jhould be foreign faltj or made within any part
»/* 'Great Britain) in the fame manner as fuch drawbacks ought to
have been made^ if the faid la/i recited a£l had not been made : and
laiereds the rates or duties o/one Jhilling and eight pence per thou^
Qeted en all red herrings^ and of three Jbillings and four pence per
^mrrel on all white herrings cured promifcuoujly with red herrings,
w vdnte herrings deftgned for exportation^ but afterwards delivered
fwi far home confumption, which were impofed by two feveral a fit
made in the eighth year of the reign of his late majefly King George the
Firjl I and whichy in confequence of the faid recited a^ cf the third
foett of bis prefent Majefty y were reduced to the rate of four pence
fo^ every theufand of fuch red herrings, and of eight pepce for every
i&rrel if fuch white berringSy were Ukewife revived by the faid late
7fi of the fifth year of his prefent Majefty: and whereas the allows
0M of five JlnUings per barrel on the exportation of falted beef and
yefkexported for fak-from any part of Great Britain to any parts
\eftnd'tbe feasiwbich was given by the eighth article of the treaty of
}iseien between the kingdoms of England and Scotland, and by an
i9 made in the fifth year of the reign of her late majefty ^een
Anne, and which, in confequence of the faid recited ail of the third
foot ef bis prefent Majefty y was reduced to an allowance of oneJbiU
Ingand fix pence per barrel, was alfo revived by the laid laft recited
iff of the fifth year of his prefent Majefty: and whereas by an aSf
f parliament made andpaffed in the fevenih year of his Majeftfs reign, 7 Geo. s. c. 6«
ntituUdy An zA for granting and continuing the duties upon
alt^ and upon red and white herrings, for the further term of
even years \ and for licciifing the ererting new refineries of rock
alt hi the counties of EJfex and Suffolk y it wascnaSledy That from
thd after the determination of the faid term of three yearsy in the
'aid lift recited a^ of the fifth year, of his Majeftfs reign mentioned,
y6L. XVUl U the

apo Anno decimo oftavo Georgh II. c. 5; [1745

tbi feveral and rej^e^ive rates and duties 1ip9n falty and upon rid
end white herrings^ which by the faid aSf were revived^ Jhould he
further continued for and during the fpace of /even yearSy and that
the fame Jhould be managed^ raifed^ levied, colle^ed, fecured, and
paid, in fuch manner and form^ and by and under fuch powers,
authorities, penalties, forfeitures, proviftons, reftri^ions, and regu-
lations, for managing, raifmg, levying, toileting, fecuring, and
paying the fame, and with fuch allowances for prompt payment, and
for wqfte or fait carried coa/iwife, or to Ireland, and for fijb, beef,
and pork exported to parts beyond the feas, and with fuch drawboiks
and debenture on account of duties paid, or fecured to be paid, for
fait exported to parts beyond the leas, as were particularly mentioned
in the faid lafl recited a^\ and toat the faid hft recited aif, and every
article, rule, claufe, matter, and thing therein contained, or thereby
referred unto, and then being in force (not otherwife altered by the
faid a^) Jhould be and continue in full force, for and dialing tbe
faid further term of feven years, as fully and amply, to all intents
and purpofes, as if the fame had been particularly recited, expreffei,
and enabled in the body ^ the faid a£t\ and whereas by an aSl if
%Geo.i.c.ji. P^''^^^*'^^ ^'^ ^^dpaffed in the eighth year of his Majeflfs reign,
' intituled. An adt for granting and continuing the duties upon
£ilt, and upon red and white herrings, for the further term of
four years; and for giving further time for the payment of du-
ties omitted to be paid for the indentures and contra As of clerks
and apprentices, it was ena^ed. That from and after the detenm*
nation of the faid term of feven years in the Jatd laft recited aO of
the feventh year of his Aaajefifs reign mentioned, the feveral end
refpe6live rates and duties upon fait, and upon red and.white berrings,
which by the faid lafl recited a6l were continued, Jhould be fiercer
continued for and during the fpace of four years; and that the fame
Jhould be managed, raifed, levied, co flexed, fecured, and paid in )W
manner and form, and by and under fuch powers, authorities, pe-
nalties, forfeitures, provifions, reflations, and regulations, for
managing, railing, levying, colleSling, fecuring, and paying the fame,
and with fuch allowances for prompt payment, and for wafte on fak
tarried eoafhuife, or to Ireland, andforfijb, beef, and pork exported /i
parts beyond tbe feas, and with fuch drawbacks or debentures on account
of duties paid, orfecuredto be paid for fait e^^orted to parts beyond tbe
Jias, as were particularly mentioned in the faid loft reeited a&i ad
that the faid lafl recited a^, and every or tide, rule, claufe, matter,
and thing therein eontained, or thereby referred unto, and then b^
in force, not otherwife altered by the faid aSf, Jhould be and continue
in full force and effe£l, for and during the faid further term of
four years, as fully and amply, to all intents and purpofes, as if tie
fame had been particularly recited, expreffed, and ena£ied m the body
of the faid a£fi and whereas by one other ait of parliament mait
and pajfed in tbe fourteenth year of bis prefent Majejifs reign^ in-
s4Geo.i.c.»t. tituled. An a£t for granting and continuing the duties upon (alt,
and upon red and white herrings, for the further term of fefcn
years; and for allowing rock fait to be ufed in making fait from
fea water, at tbe fidt works at Neatb^ fa tbo county of Glamor-

gan

J Anno decimo o6bro GeoROli IT. e.6yjl ^9t

f was enaffed. That from and after the determination of the
rm of four years^ in the lafl recited ait of the eighth year of
yefiyU reign mentioned^ tbefeveral and refpeRive rates and du--
m fait 9 and upon red and white herrings., which by the faid
ited a£l were continued^ Jhould be further continued^ for and
thefpace of (even years \ and that the fame Jbould he managed^
levied^ cofleSfedy fecuredj* and patdy in fuch manner and
and by and under fuch powers^ authorities^ penalties^ forfeit ^
proviftons^ rej^rimons^ and regulations for managing^ raif-^
vying^ colle^ing^ fecuring^ and paying the fame^ and with
lowances for prompt payment y and for wafie on fait carried
fty or to Ireland, and for fijby beef ana pork exported ta
eyond the feas, and with fuch drawbacks or debentures on ac^
^ duties paidy or fecured to be paidy for fait exported to parts
the feaSy as were particularly mentioned in the faid before
a£ls ; and that the faid before recited a£ISy and every article j
\aufey matter and thing therein contained, or thereby referred
\nd now being in force^ and not otherwife altered by the faid
mid be and continue in full force and effe^y for and during
J further term oyfeven years y as fully and amply y to all in^
tapurpofeSy as if the fame bad been particularly recitedy ex^
, and enabled in the body of the faid ait: now we your Ma-
moft dutiful and loyal fubje^s, the commons of Great
r in parliament ailembled, towards raifin^ the necefTary
:s for defraying the expences of your Majefty's govern-
and for carrying on the prefent war with fuccels, have
refolved to grant and continue to your Majellv all and e-
he rates and duties upon fait, and upon rea and white

rs, by the faid laft recited a^ continued \ and do mod
y befeech
led, ^c.

leech your Majefty, that it may be eiuifted; and be

. -.3, &c. in the former a£b continued for 6 years. Duties on fait
hold fubje^t to the fame charges as by 5 Geo. i. c. iS. Claufe of
r i,ooo,oool. at 3I. 10s. per cent. Names of contributors, and
> be entered in a book; to be^ divided into 10 claflbs and number -
Mirfe of payment to be determined bv lot. Receipts to be chanz-
Kchequer orders. A regifter, and table of orders, to be kept. No
preference. Counterfeiting of receipts, orders, &c. felony. Aa
: of monies raifed and paid, to be fixed up in the auditor's office.
icies to be made good out of the next aids, or finking fund \ and
1 out of the next fupplies. Surplus to be difpofcd of by parlia-
Surplus arifing from duties oii.ialt of 14. Geo. 2. c. %%, applicable
rs upon this aa. Reviwd and mmtii perpetual Uy a6 Geo. i.e.}.

CAP. VI.

for repairing the road leading from a gnte commonly called Sacred
. on the fouth ealt fide of the town of Hedon, in tke eaft riding of
lunty of York, through the (aid town to Hull North Bridge,

7«/// grantid fir %i yearu

CAP. VII.
for puniihing mutiny and defertion^ and for the better payment of
the army and their quarters. EXP.

U a CAP.

w

892 Anno dedmo oAavo Georgii II. c. 8,9. [i74S-

CAP. VIII.

An a6l for repairing the high road leading from Boroughbridge in the coon-
tv ot Yorkfthrough North Allerton in the ramecounty,toCroftbridgeon
tne river Tees; and from thence through Darlington, in tht county of
Durham, to the city of Durham.

TqUs granted for %i years. Continued ly %% Geo. i« c. 31.

CAP. IX.

din all for granting to bis Majefty feveral duties upon all
wines imported into Great Britain; and for raijing ascer-
tain fum of money by annuities^ and a lottery^ in manner
therein mentioned^ to be charged on the faid additional
duties.

Mo/t gracious Sovereign^

'E your Majefty's mod dutiful and loyal fubjefts, the com-
mons of Great Britain in parliament aflembled, towards
railing a fupply to enable your Majefty to carry on the prefent
war with vigour, and for anfwerihg other your Majcfty's
weighty and important occafions, and with an bumble and
thankful acknowledgment of your Majefty's &vourable and
tender regard of us your faithful commons, have cheerfully and
unanimoufly given and granted unto your Majefty an aid or af-
fiftance to be raifed and levied upon all wines ana ^negarto be
imported into Great Britain^ according to fuch rates, and infuch
manner and form, as is herein mentioned; and we do moft
humbly beieech your Majefty, that it may be ena<5led ; and be
it enafted by the King's moft excellent majefty, by and wiA
the advice and confent of the lords fpiritual ana temporal, and
commons, in this prefent parliament aflembled, and by the au-
An aid grant- thority of the fame, That from and afteV the twenty fifth day
ed to his Ma. of March^ one thoufand feven hundred and forty five, over and
5?*y^X *4^'' above all fubfidies of tonnage and poundage, and all other fub-
tioiiai duties, gjj^g^ additional duties, and impofitions whatfoever, due or
payable for all wines and vinegar imported into Great Britain^
by any adt or ads of parliament now in force, there (hall bi
raifed, levied, colle£led, and paid unto his Majefty, his heirs and
fucceflbrs ^before landing thereof)' the additional impofitions,
rates, or duties following, without any difcount or dedudion
on tverv ton ^^^^ards, or drawback on re-exportation afterwards ;• that is to
of Frci^h %» for ^^^ry ton of French wine and French vinegar, whkh
wine and vi- ftiall be imported into this kingdom, the fum of eight pounds,
negar» Si. and fo after that rate for any greater or lefTer quantity ; and alb
for every ton of all other wines and vinegar imported into this
kingdom, the fum of four pounds, and fo after that rate for
nd vinew" *"y greater or leffer quantity; the fame to be raifed, levied, col-
«n gar, j^^^j^ p3\dy and recoverea in fuch manner and form, and by
fuch ways, means, and methods, and under fuch penalties and
forfeitures (except as to difcounts and drawbacks aforefaid) ts
are mentioned and exprefled in the adt of parliament made and
2 paiied

I74-5-] Anno decimo oftavo GsoRGii 11. c. 9. 293

pafled in the firft year of the reign of his late majefty King
'^ames the Second, intituled, 4n aei for granting his Majefty an to be raifcd at
impofition upon all wines and vinegar imported between the twenty ^y « Jac. 1.
fourth day of June, one thoufand fix hundred and eighty five^ and^' ''
the twenty fourth day of June, one thoufand fix hundred and ninety
three ^ or in any other a<ft or a<Ss of parliament, by which the
faid impofitions, rates, and duties upon all Wines and vinegar im-
ported Tvere continued and made perpetual, and all powers,
penalties, forfeitures, provifions, articles, and claufes therein
contained (not any wajrs altered by this a<5t) (hall continue in
foil force and effeA during the continuance of the faid impofi-
tions, rates, and duties hereby granted, and (hall be applied,
pra<5tifed, and executed for the raifing, levying, coUefting, fe-
curing, anfwering, and paying the faid impofitions, rates, and
duties, according to the true intent and meaning of this a<5t, as
fully and effedtually, to all intents and purpofes, as if the faid
claufes, matters and things had been again repeated and re-en-
aAed in the body of this prefent a6t; any law, cufiom or ufage
tothe contrary in any wife notwithftanding.

II. Provided always, That nothing in this zSt contained Unmcrehant-
(hall extend, or be confirued to extend, to lay any further aUe wines ex*
laties upon wines damaged, corrupt, or unmerchantable, and^i^P^i

br which the merchants or importers thereof (hall refufe to pay

>r fecure the duties, and which by an a6l pafled in the twelftn

fear of the reign of his late majefty King George the Firft, in- and to bedir-

lituled. An ait for the improvement of his Majefifs revenues ofcu* Po^c<l of *» by

HomSy exelfe^ and inland duties^ are on fuch refiifal direAed to be " ^^' '•

•eceivcd into the cuftody of proper officers of the cuftoms, to ^* * '

3t publickly fold, in order to be diftilled into brandy, or to be

made into vinegar.

III. And it is hereby enadled by the authority aforefaid. That 7^,^^^ ^^^-^
Jie faid impofitions, rates, and duties by this adt granted, (hall, to be managed
Tom time to time, be under the management and diredKon of by the com-
lie rcfpediive commiflSoners of his Majefty's cuftoms, and their "J'jjionere of
officers for the time being, and (hall be paid intd the hands of ^"*^*^"**»

die receiver general of the cuftoms in England for the time be- ^^^ .^
ng; and fuch receiver general ftiall weekly, to wit, on IVednef- weekly into
iay in every week, if it be not an holy day; and if it be, then the exchc.
>n the next day after that is not an holy day, anfwer and pay ^"cr*
dl the monies arifing by the faid additional impofitions, rates,
pid duties (the neceflary charges of raifing, colleding, and
mfwering the fame only excepts!) into the receipt of his Ma-
efty's exchequer, diftind and apart from all other monies which
ucn receiver general (hall receive for the ufe of his Majefty,
lis heirs, and fucceflTors, for the ufes and purpofes in this adt
nentioned. >

IV. And be it further enafted by the authority aforefaid. That A book to be
here (hall be provided and kept m the office of the auditor of kept by the
he (aid receipt of exchequer, a book or books, in which all ^^^iJf^*) \
he monies hereby appointed to be paid weekly, into the faid ^^u p^y.
^oeipt as aforefaid, (hall be enter^4 feparate and apart from alt meots to he .

U3 other entered fepA-

294 Anno dccimo o&slvo Georgii 11. c. 9. [1745*

rate, to be a other monies paid or payable to his Majefty, his heirs or fac-
*ur^^feV*r ^^^^''^» "pon any account whatfocverj and, the Taid money fo
tbi?j?ft * ° apj>ointed to be paid into the faid receipt of exchequer as afore-
faid, (hall be the yearly fund for the feveral and refpedtive pur-
pofes herein afrer mentioned.
Annuities for V. And be it further cnadlcd by the authority aforefaid. That
a principal of all and every the annuities which by this a<5t (hall be granted
s ooo,oool. ^jj J pr^ade payable, in refpedt of the principal fum of two mil-
^cfc duties.^ lions, to be raifed in fuch manner and form as is herein after
directed, until redemption thereof by parliament, as alfo die
feveral and refpedtive other annuities by this ad made |»pUe
at the faid receipt of his Maje(ly*s exchequer, during the lives of
the feveral contributors to the lottery herein after mentioned, or
the lives of their refpedtive nominees, (hall be charged and
chargeable upon, and payable out of the (aid rates, duties, and
impo(itions by this adl granted to his Majefty ; and the faid
rates, duties, and impoiuions (hall be, and are hereby appropri*
ated for thofe purpofes accordingly,
t. 500,0^0 1, to VI. And, for or towards raifing the faid fum or fums of mo-
be paid into ney, not exceeding in the whole the faid fum of two millions,
the bank by for the purpofes aforefaid, it is hereby further enadted by the
any penons, aythoritv aforefaid, That it (hall and may be lawful to and lor
any person or perfons, natives or foreigners, bodies politick or
corporate, to contribute, advance, and pay, unto the firft or
chief cafhier or cafhiers of the governor and company of the
bank of England^ for the time, at or before the refpeidive days
and times by this adt limited in that behalf, any fum or fmns
of money, not exceeding one million five hundred thouEmd
pounds, in part of the faid whole fum of two millions, for the
for the pur- abfolute purcha(e of any certain annuity or annuities, to com«
chafe ot an- mence from the twenty fifth day of Marchy one thoufafid fcvcn
puitiei. hundred and forty five, and to be paid and payable to fuch con-

tributor or contributors, or fuch as he, (he, or they (hall no-
minate his^ her, or their executors, adminiftrators, fucceflbrs,
and a(rign8 refpedtively, in manner herein after mentioned ; fo
Cafhierto^ve^^ fuch cafhier or cafhiers do firft give fecurity, to the good iik-
fccurity totheing of any three or more of the commiflioners of the treafury
ire»ftfry. ,^qw being, or the high treafurer, or'commiffioners of the trea-
fury for the time being, for duly anfwering and paying into the
receipt of his Majefly's exchequer, for Ihe publick ufc, the
monies fo to be advanced and contributed /and to account duly
Annuities a( for the fame; which annuities before mentioned (hall be com-
%\, per cent, puted at the rate of three pounds per annum^ for every one hun-
//r ofw, dred pounds, and proportionably for any greater or Icfs fum fo
to be advanced and paid ; and the purchafe money for every
fuch annuity, at the rate aforefaid, is hereby appointed to be
paid unto the faid cafhier or cafhiers, as aforefaid, at or before
Tim^ of pay. the refpedtive days or times herein afrer limited; that is to fay,
ingrhe pirr- one fourth part thereof on or before fuch day or time as fliall
ph»ftf money, be appointed by the commiflioners of the treafury, or any three
pr more of them pow being, or the high treafurer, or any three

or

^7450 Anno dedmo odlavo GeorGII 11. c 9. 295

or more of the commiffioners of the treafury for the time be-
ing; one other fourth part thereof on or before the nineteenth
day of Junty one thoufand feven hundred and forty five then
next enming ; one other fourth part thereof on or before the
fifteenth day of OHober then next enfuing ; and the remaining
fourth part thereof on or before the twentieth 'day of December
then next following : all which annuities, fo to be purchafed,
fiiall be paid and payable at two of the mod ufual feafts or days
of payment in the year ; that is to fay, the feaft of the nativity
of faint John the baptift, and the birth of our L«rd Chrift,. by
even and equal portions, or within fix days after every of the
fiiid feaft days ; the firft payment thereof to be computed and
paid at the rate of three pounds per centum per annum on the whole Annuities to
film to be paid by fuch contributors, for the purchafe of any be computed
part of the faid annuities, from the faid twenty fifth day oi^^^^^^"^
Aiarcbj one thoufand feven hundred and forty five, unto the *^' '^*^'
feart of the birth of our Lord Chrift, which (hall be in the year
of our Lord one thoufand feven hundred and forty five, or
within fix days after the faid feaft day : nevertheleb, the faid
annuities (hall be redeemable according to the purport and true redeemable.
meaning of a provifo or condition herein after contained in that
behalf, and not otherwife -, and the faid ca(hier or ca(hiers of Cafhlertonve
Ac faid governor and company of the bank of England for the a receipt for
time being is and are hereby authorized and required, upon the cacbpayment.
advancing and paying to him or them any fuch fum or fums of
monev, as aforeiaid, forthwith to give a receipt in writing,
i^ed by himfelf or themfelves, for each payment, to the con- Receipts af-
tributor or payer thereof (which receipts (hall be affignabic by fignabic be*
tndorfement tnereupon made, at any time before the twentietn ^^^^ ^^' *^»
day of December J one thoufand feven hundred and forty five, '^^^'
and no longer) and from time to time to pay into the receipt r (h* t tw
of his Majefty's exchequer all the monies which he or they (hall aif monies imo
receive 0/ or for the faid fum, not exceeding one million five tbe exchequer
hundred thoufand pounds, as faft as he or they (hall receive in 5 days after
the fame, or any part thereof, or within five days afterwards receipt.
at the fiirtheft, and to account for all the monies fo to be ad-
iranced and paid to him or them, in his Majefty's court of ex-
chequer, according to the due courfe thereof.

VIL And it is hereby enacfted. That in the o(Ece of theac- Books to be
oomptant general of the governor and company of tte bank of kept at the
England for the time being, there (hall be provided and kept a ^^nk,
book or books, in which there (hall be fairly entered the names
3f all who (hall be contributors for fuch annuities, after the rate
Df three pounds per centum per annum as aforefaid, and of all
perfons by whofe hands the faid contributors (hall pay in any
of the faid fums upon this acEl, and alfo the fum fo paid; to
which book or books it (hail be lawful for the faid rcfpeftive ^^ puhlick
contributors, their executors, adminiftrators, fucce(rors, and pernfal.
afligns, from time to time, and at all feafonable'times, to have
r^fort to infpedt the fame, without any fee or charge ; and the
^ gccompunt general for the time being (hall, on or before bo^^f ^^''b^^*

U 4 tbc

296 Anno dccimo oiSlavo Georgii II. c. 9; 11745.

tranfmlttcd the twenty fourth day of Jum^ one thoufand fcvcn hundred
into the ex- ^xA forty fix, tranfmlt an attefted duplicate, fairly written on
chequer. paper, of the faid book or books, into the office of the auditor
of the receipt of his Majefty's exchequer, there to remain for
ever.
Contributors VIII. And it is hereby enafted by the authority aforefaid,
eftatcs (ubjca 'Y\^^x all and every contributor and contributors upon this ad,
dempt^n.' ^"^Y P^y*"? ^^ vvhole confideration or purchafe-money at the
rate aforefaid, at or before the refpe(5live days and times in this
a<5t before limited in that behalf, for fuch annuity or annuities
as aforefaid, or fuch as he, (he, or they (hall appoint, his, her,
pr their refpeSive executors, adminiftrators, fuccefllbrs, and,
a(rign8, (hall have, receive, and enjoy, and be intitled, by vir-
tue of this aft, to have, receive, and enjoy, the refpedive an-
nuity or annuities fo to be purchafed out of the monies by this
a<5l appropriated or appointed for payment thereof as aforefaid;
and (hall have good and fureeftates and interefts therein for ever,
fubje6t only to the provifo or condition of redemption in this
Annuities free ^^ afterwards contained concerning the fame ; and that all the
from taxes, feveral and ref{>edive annuities, payable in purfuance of this
adt, after the rate of three pounds per centum per annum^ and
all and every the principal fums for which the fame are to be
payable, (hall be free from all taxes, charges, and impofitions
whatfoever.
Contributors IX. And it is hereby provided and enadled by the authority
to have credit aforefaid. That all and every perfon or perfons who (hall be-
£or the fums, come interefted in, or intitled to, any annuity or annuities,
part of the faid fum of one million five hundred thoufand
pounds, to be fubfcribed for in purfuapce of this a(El, (hall,
upon compleating the payments of^ the whole purchafe-money,
payable in refpeS thereof, have fuch refpedive fums as they
(hall become interefted In, or intitled unto, forthwith placed to
to be trans- ^he credit of the faid contributors, and made transferrable in
ferrablc in tke the books of the bank of England^ by this aft appointed to be
bank books, j^gp^ fo^ ^^at purpofe.

Forfeiture on X. Provided alfo. That in cafe any fuch contributor as afore-
not complcat- fay, ^yho (Jiall, on or before fuch day or time, as (hall be ap-
^"^ u b^^tlbe po*'^^^^ ^y ^^^ ^^'^ commiflSoners of the treafury, or the faid
^meliauted. high trcafurer for the time being, as aforefaid, have advanced
to the faid ca(hier or caihiers one fourth part of his, her, or
their purchafc-moncy, and his, her, or their executors, admi-
niftrators, fuccedors, or aflTigns, do not advance and pay to the
faid ca(hier or ca(hiers, one other fourth part of his, her, or their
confideratioa-money, fo to be paid for fuch refpedive annuity
or annuities as aforefaid, on or before the nineteenth day of
Juncy one thoufand feven hundred and forty five then next en-
fuing ; and one other fourth part thereof, on or before the fif-
teenth day of OSfober then next enfuing j and the remaining
pne fourth part thereof on or before the twentieth day of De-
(ember then next following; then, and in every fuch cafe refpec-
tively^ fo much of the cpnfidcracion-money as (hall have beei^

adually

i745'] Anno dccimo cftavo Georgii II. c. 9. 297

actually paid in part thereof onlv to the faid cafhier or caihiers
for fuch rcfpcflivc annuity, (hall be forfeited for the benefit of
the publick ; any thing in this adt contained to the contrary
notwithftanding.

XL And whereas it is intended that the /urn of jive hutidred thou^^
fund poundsy being the reftdue cf the faid fum of two millions already
charged by this a£l upon the f aid additional impofetionsy ratcSy or du-
tieSy appropriated for payment thereof in manner before dire^ed and
appointedy /ball be raifed by way of a lottery^ for the pur chafe of an-^
nmtiis after the rate of three pounds per centum per annum, in
manner hereinafter mentioned \ be it therefore cnadled by the au- <oo,<>ool. to
thority aforefaid. That the annuities becoming due and payable p ""^'^"^^ *^y
to the contributors to the lottery herein after mentioned, their fo" ^^hafc
executors, adminiftrators, and afligns, at the faid fate of three of 3I. per cent.
pounds per centum per annumy in refped of the faid principal annuities,
fum of five hundred thoufand pounds; in manner hereafter in
this z& exprefled, until the redemption thereof by parliament,
according to the provifo. herein after contained in that behalf,
(hall be charged upon the faid additional impofitions, rates, or Annultiet to
duties, from the feaft day of the birth of our Lord Chrift one be char^ on
thoufand feven hundred and forty five, and (hall from time to the additional
time be paid half-yearly at the feafts of the nativity of faint John ^^*"'
the Baptifiy and the birth of our Lord Chrift, by even and
equal portions, the firft payment thereof to be due and payable
for the half-year ending at the feaft of the nativity of faint John
the Baptifiy one thoufand feven hundred and forty fix.

XII. And be it further enafted by the authority aforefaid. Tickets to be
That for or towards raifing the faid fum of five hundred thou- lol. each.
fand pounds, it (hall and may be lawful for any perfon or per-
sons, natives or foreigners, bodies politick or corporate, to con-
tribute by paying at or before the refpecflive times by this adt
limited in that behalf, to any receiver or receivers to be ap-
pointed for that purpofe, as is herein after mentioned, the fum
of ten pounds, or divers entire fums of ten pounds upon this
a^ ; and that every fuch contributor or adventurer, tor every
fuch fum of ten.pounds, which he, (he, or they (hall fo advance,
(hall be intereftcd in fuch lot or (hare of and in the joint ftock
of annuities, eftabli(hed by this a6l, as is herein after menti-
oned and appointed in that behalf i and the fame entire fums
of ten pounds each, are hereby appointed to be paid unto fuch
receiver or receivers, at fuch time or times, and in fuch pro-
portions at a time, as are herein after mentioned in that behalf ^
that is to fay, one fourth part thereof, on or before the firft day Times of pay*
of May^ one thoufand feven hundred and forty five ; one other ^^3r^^ ^^^'
fourth part thereof, on or before the fifth day ofjufyy then next foHottery*^
cnfuing ; one other fourth part thereof, on or before the twen- tickets.
ty third day of Augufiy then next enfuing ; and the remaining
fourth part thereof, on or before the third day of 06iobery then
next following.

Managers to be appointed by the commiilioners of the treafury. Com-
iniffionert of the treaiiiry tg appoint receivers. Receiven (hall deliver

tickeu

298 Anno dccimo oftavo GeoRGII II. e.g. ['7+5.

tickets to the contributoi-*. There fhall be printed 50,000 tickets, 7,150
iliall be fortunate; two of them 10,000 1. three 5,000 1. Hwt s,oooJ. bt-
teen loool. thirty one 500I. one hundred and fifty one 100 L tj^ree hun-
dred and ninety eight 50 1. fix thouland five hunared and forty five sol.
which with 50®!. to the firil drawrn ticker, and 1,000 1. to the (aft drawn
ticket, will amount to ^4.1,9001. which added to 257,1001. payable on the
remaining 41.850 blank tickets, at 61. each, amount together to 50o,oool.
to be converted into annuities in re(jpe6l of the lottery tickets. Manner
of drawing the lottery. Prizes to be entered in a book* A lift of the
prizes to be printed. Difputes to be determined by the managers. Coun-
terfeiting of tickets, certificates, or the numbers of them, fdony. Tick-
ers undii'pofed of, (hail be delivered back into the exchequer. Managen,
&:c. to be paid by the trealunr. Guardians may adventure infoots money
in the lottery, fo as fuch infants names be in the receipts and tickets.
Tickets to be exchanged for certificates, after the lottery is drawn.

Accomptant XXVIII. And be it further enafted by the authority aforcfaid,
general of the That the faid accomptant general of tnc bank of Englandy for
crttiV^o^the ^^^ *™^ t>eing, to whom the faid certificates arc to be direAcd
pertbnsnamcd^ aforefeid, mall, upoji receiving and taking in the faid ceni-
in certificates, ficates, or any of them, give credit to the penons named there-
in, in the fame book or books with the contributors for the
purchafe of the annuities, not exceeding one million five hun-
dred thoufand pounds, herein before directed to be inferted in
a book or books, or in any other book or books, to be by him
provided and kept for that purpofe, for the principal fums con-
Annuities ^aii^cd in every fuch certificate \ and the perfons to whofe credit
transfefrable. ^^^^ principal fums (hall be entered in the faid book or books,
•his, her, or their executors and adminiftrators, (hall and may
have power to aflign and transfer the fame, or any part, (hare,
or proportion thereof, to any other perfon or perfons, bodies
politick or corporate whatfoever, in other books, to be prepared
and kept by the faid accomptant general for that purpofe ; and
. the principal fums fo afligned or transferred, (hall carry the faid
annuity of three pounds per centum per annum^ and (hall be taken
and deemed to be (lock transferrable by this a<ft, according to
the powers and authority herein after mentioned, until the re-
Certificates to demption thereof as aforefaid ^ and the faid accomptant general
be cancelled of the bank of England for the time being, is hereby authorized
anc) filed; and and dire6led to cancel and file the certificates, as they (hall from
th'^^^d'^ *" ^*"^^ '^ ^*"^^ ^^ received and taken in by him, and to give the
perfons bringing in the fame a note under his hand, teftifying
the principal money for which they fhall have credit in the faid
book or books, by reafon or means of the certificates fo n:-
ceived, taken in, and cancelled as aforefaid, and of the annui-
ties attending the fame.
Bank to pay XXIX. And for the more eafy and fure payment of the feve-
the annuities, ral and refpedlive annuities, amounting in the whole to two
millions, by this a6l authorized to be purchafed as aforefaid ; it
is hereby further ena(5ted by tlie authority aforefaid, That the
faid governor and company of the bank of England^ and their
fucce(rors^ (hall from time to time, until the faid feveral and re-
fpe(5live annuities, after the rate of three pounds per eentumper
annum^ (hall be redeemed according to tbU a^, appoint and

employ

1745'] Anno decimo odavo Georoii II. c.9. 299

employ one fufficient perfon, within their office in the city of
London^ x<\ be their chief or firft caOiier or ca(hiers» and one
other fufficient perCoPy within the fame office, \o be their ac-
comptant general ; and that fo much of the monies, from time
to time arifing into the receipt of the exchequer, for the faid
additional duties by this adt appropriated for this purpofe (after Money to be
£itisfying or refcrving money fufficient to fatisfy the feveral an- P^l^*?*^ {J*®
nuities herein after charged upon the faid additional duties, and ^chequer/
made payable at the receipt of his Majedy's exchequer, for and
during the life or lives of the feveral contributors to the lottery
aforeUid, or the life or lives of their refpe<ftive nominees in
manner herein after mentioned) as (hall be fufficient, from time
to time, to anfwer the faid feveral and refpe^ive annuities, and
other payments dire<5ted to be paid or difcharged out of the
fame, (hall, by order of the commiffioners of his Majefty's
treafury, or any three or more of them now being, or the high
treafurer, or commiffioners of the treafury of his Maiefty, his
heirs, or fucceflbrs for the time being, without any turtn^r or
other warrant to be fued for, had, or obtained in that behalf,
from time to time, at the refpedtive half-yearly feaft days, or
days of payment, in this a^ before appointed for payment
thereof, be iifiied and p;ud at the faid receipt of exchequer, to
the faid firft or chief cafhier or ca(hiers of the faid governor and
company of the bank of England^ and their fuccdlTors for the
time being, by way of impreft, and upon account for the pay-
inent of the faid feveral and irefpe&ive annuities to be purchafed
upon this a£t, at fuch times, and in fuch manner and form, as
are by this ad prefcribed in that behalf; and that all and every caihj^fg ^o
fuch ca(hier or ca(hiers, to whom the faid monies (hall from acfcoant back
time totimebeiffiied, (hall from time to time, without delay,ap- into the ex-
ply and pay the fame accordingly, and render his account thereof ^^^^"*''-
according to the due courfe of the exchequer; any thing herein •'
contained to the contrary notwithftandinz.

XXX. And it is hereby alfo enadted, That the faid accomp- Accomptant-
tant general for the time being, (hall from time to time infped eeneral to in-
and examine all receipts and payments of the. faid ca(hienor^?^(bc<:^-
ca(hiers, and the vouchers relating thereunto, in order to pre- «""\*^
vent any fraud, negligence, or delay ; and that all and every ^"^P^**
perfon and perfons whatfoever, who (hall be intitled to any of .

the faid feveral and refpoftivc annuities, after the rate of three p^fon']^** *

pounds per antum per annum^ and all perfons lawfully claiming e^te;

under them, (hall be poiTeffed thereof as of a perfonal eftate,

and the fame (hall not be defcendable to the heir, and (hall not and exempt

be liable to any foreign attachment by the cuftom of London^ or ^'*^™ foreign

otherwife ; any law, ftatute, or cuftom to the contrary notwith- *'^*^^"^^"*'

(landing.

XXXI. And be it further enafted by the authority aforefaid, ,
That all the monies to be advanced or contributed, or to which ©ne^a^ul
any perfon or perfons (hall become intitled upon this a6t, for or ftock| attend-
towards the faid fum, not exceeding two millions, (hall be deem- «d with an-
^, repu^9 and xsXtn to be one capirsU or joint-ftock, on which !}^^^*'2^

300 Anno decimo oflavo Gborgii II. C.9. f '745.

the faid fcvcral and refpcctive annuities, after the rate of three
pounds per centum per annum^ (hall be attending; and that all
> and every perfon and perfons, and corporations whatfoever, in

proportion to the money by him, her, or them advanced, or to
v^hich they fhall become intitled as aforefaid upon this aft,
(hall have, and be deemed to have a proportional intereft and
Tlie (lock, ftiare in the faid (lock, and in the annuity attending the fame,
&c. tranf. at the rate aforefaid ; and that the faid whole capital or joint-
fcrrablc. ftock, or any (hare or intereft therein, and the proportional an-
' nuity attending the fame, (hall be a(rignable and transferrable
as this z& direAs, and not other wife; and that there (hall con-
i^l^^TtK^ (tantly be kept, at all feafonable times, in the o(Hce of the faid
keep transfer- accomptant-general for the time being, within the city of Lon-
books. dan^ a book or books, wherein all amgnments or transfers of

the faid whole capital or joint-ftock, or any part thereof, and
the proportional annuity attending the fame, at the rate afore-
faid, (hall be entered and regiftered; which entries (hall be
Method of conceived in proper words for that paipofe, and (hall be (igncd
transfening. by the parties making fuch a(rignments or transfers ; or if fuch
parties be abfent, by his, her or their attorney or attomies
tliereunto lawfully authorized, by writing under his, her, or thdr
hands and feals, to be attefted by two or more credible wimef-
fes, and that the perfon or perfons to whom fuch transfers (hall
be made, do undeI^vrite his, her, or their acceptance thereof,
and that no other method of aiTignine or transferring the faid
ftock, and the annuities attending the fame, or any part thereof,
or any intereft therein, (hall be good or available in law.
XaXII. Provided always. That any perfon or perfons pof-
b<f deviled™*^ feffed of fuch ftock, with the annuitjr or annuities, attending the
' fame, or any cftate or intereft therein, may devife the fame by
will in writing, attefted by two or more credible witnefles ; but
that fuch devifee (hall receive no payment thereupon, till fo much
of the faid will as relates to the faid ftock or annuity be entered
in the faid o(Hce ; and in default of fuch transfer or devife, the
faid ftock jtnd annuity attending the fame, (hall go to the exe«
cutors or adminiftrators ; and that no ftampt duties whatfoever
Transfers to ftiall be charged on the faid transfer, or any of them ; any other
beinadewitb- j^^ q^ ftatule to the contrar)' notwithftanaing.
out ftamps. XXXIII. Provided always, and it is hereby ena^ed by the
Bank to conti- authority aforefaid, that the faid governor and company of the
nucacorpo- bank of England^ and their fucceflTors, notwithftanding the re-
ration tilf demption of all or any their own funds, in purfuance of the
iwAdcrmeT*^^ for eftablifliing the fame, or any of them, fliall continue a
corporation, with all the powers, privileges, and advantages
thereunto belonging, for the purpofes in this a<5l exprefled, till
all the annuities to be purchafed on this a<ft (hall be redeemed
by parliament, according to the provifo herein after contained
in that behalf; and that the faid governor and company, or any
members thereof, (hall not incur any difability foror by rea(bn
jrf their doing any matter or thing in purfuance of this ad.
^XXIV. Provided always, and be it enaSed by the autbo-

rity

1745'] Anno decimo oftavo Georgii II. c. 9. 301

rltyaforcfaid, That the commiflioncrs of the trcafury, or any Commiffioncr
three or more of them now being, or the high treafurer, or any of the trcafury
three or more of the commiflioners of the trcafury for the time ^° *?P<^'"^ ^[j«
being, (hall have power, and they are hereby authorized out of fevSKs!
the faid additional duties by this adl granted and appropriated as
aforefaid, to reward the officers and clerks of the faid exchequer,
that (hall be any ways employed in the execution of this adl, in
relation to the annuities, to be payable at the faid receipt as
herein after mentioned, for their labour, pains, and fervice
therein refpciSively, and to difcharge all fuch incident charges,
as (hall nece(rarily attend the execution of this ad, in fuch
manner, as to them (hall feem juft and reafonable; anjd alfo to
fettle and apjpoint fuch allowances (out of the contributions ta
the lottery atorefaid) as they (hall think juft and reafonable, for
the fervice, pains, and labour of the receiver or receivers of the
contributions to the faid lottery, for receiving and accompting
for the fame ; as alfo for the fervice, pains, and labour of the
ca(hier or ca(hicrs of the governor and company of the bank of
Englandj for receiving and accompting for the contributions to
the annuities granted by this ad ; and alfo fuch further allow-
ances (out of the faid additional duties by this a<Sl appropriated)
as they fhall think jufl and reafonable, for receiving, paying,
and accompting for the feveral and refpeflive annuities payable Allowancei at
in rcfpeiSt thereof 5 and alfo for the fervice, pains, and trouble the difpolal of
of the accomptant-gcneral of the faid governor and company, ^® ^*'**
for performing the duty and truft incumbent on him by this a<ft ;
all which allowances hereby impowercd to be made as aforefaid,
in refpe<ft to the fervice, pains, and labour of any officer or offi-
cers of the faid governor and company, (hall be for the ufe and
benefit of the faid governor and company, and at their difpofal
only ; any thing herein contained to the contrary notwith-
ftanding.

XXX V. Provided alfo, and it is hereby enaded by the au- Provifp for re.
thority aforefaid. That at any time upon one year's notice to be ^^-1° £ ^^"^*
jprinted in the London Gazette^ and affixed upon the Royal Ex- * *

change in London^ by authority of parliament, at any of the half
yearly feaft days, tor payment of the faid refpcdtive annuities
or either of them, and upon repayment by parliament, of the
refpcdtive principal fums, for which the (aid refpe<5tive annuities
or either of them, (hall be payable, to fuch rcfpe<ftive perfons
or corporations, as (hall be entitled to the fame annuities, and
alfo upon full payment of all arrearages of the fame annuity ;
then, and not till then, the faid re(\)e6tive annuities (hall ceafe
and determine, and be underftood to be redeemed ; and from
and after fuch redemption, the monies ari(ing from the faid ad^
ditional impofitions, rates, or duties, (hall not be i(rued or ap-
plied to any ufe or purpofe, but as (hall be diredled by future
aft or a6ts of parliament, except fo much monies of the faid
additional impofitions, rates, or duties, as (hall be fufficient,
from time to time, to fatisfy and pay the feveral and refpec^ive
annuities by this adt herein after made payable at the receipt of

exchequer

302 Anno dccimo odtavo Georgii II. c. 9. {ly^S*

exchequer, to the fevcral contributors to the lottery befere-tnen-

tioned, or their affigns, during their lives, or the lives of their

refpe<5tive nominees, in manner herein after direfled ; any thing

Wh tfhall be '^^ ^^** ^^ ^"X former aft or acfts of parliament to the contrary

fufficicnt no- notwithftandm|, and that any vote or refolution of the houfeof

ticc. commons fignified by the fpcaker in writing, to be inferted in

the London Gazette^ and affixed on the Royal Exchange in Lob-

dony as aforefaid, (hall be deemed, and adjudged to be fufficient

notice, within the words and meaning of this ad.

Sale of chances, &c. in the lottery, prohibited. Office keepers publifhin?
ichemes relating to tickets not ini their pofTeffion, in the lottery, to forfeit
500I. and be imprilbned three months. Exp.

Encourage- XXXVIII. And for the greater encouragement of pcrfons to
ment for con- become contributor's to the lottery herein before-mentioned ;
tributors of be it further enadted by the authority aforefaid. That all and
the lottery to every the perfon and perfons who (hall advance and pay unto
* fuch receiver or receivers, to be appointed as aforefaid, at or

before the refpedlive days imd times, and in the refpedlive pro-
portions herein before dire<5\ed, the principal fum of one hun-
. dred pounds for the purchafe off ten tickets in the faid lottery,
(hall, for or in refped of. the faid principal fum of one hundred
pounds, fo to be advanced and paid, be intitled to have and re-
ceive, at the receipt of his Majeily's exchequer, during his or
their own life, or the life of fome other perfon to be nominated
by him, her, or them, or by his, her, or their afligns, an annuity
Annuity for of four pounds ten (hillings, being computed after the rate of
life of 41. xos* nine (hillings per annum for each ticket, and fo in proportion for
any greater number of tickets to be contributed for by any fuch
befides 3l.per perfon or perfons (over and above the annuity of three pounds
cent, per ann. per centum pir annum^ by this a(5t before made payable at the
bank of England to fuch contributors) which faid refpedive an-
nuity or annuities, to be paid at the exchequer as aforefaid, (hall
commence from the feaft of Saint John the baptift, which (hall
be in the year of our Lord one thoufand feven hundred and for-
ty five, and be paid and payable to fuch contributor or contri-
butors, or his, her, or their alTign or afligns, at the times and
in the manner herein after mentioned; and the faid receiver or
receivers is and are hereby direfled and required, as foon as he
or they (hall have received from any fuch contributor or contri-
butors, one moiety of the feveral fums by them refpedively in-
tended to be advanced, for the purchafe of ten tickets, or more,

Contibutors;

to S^cWoi^to ^^ ^^^ '^'^ lottery as aforefaid, forthwith to give fuch contributor
or contributors, or his, her, or their afligns, a certificate or cer-
tificates, (igned by him or them (direiSted to the auditor of the
receipt of his Majefty's exchequer) to be printed or written up-
on cheque paper, and cut out indentwife through fome flourilb
or device, to be contrived by the faid receiver or receivers, con-
taining the names, fumames, places of abode, and other addi-
tions, of fuch contributor or contributors, or his, her, or their
aiTigns, together with the principal fums by them refpedUvely
advanced for the purchafe of fuch tickets, and thtf annuity pay-
able

r745-] Anno dccimo o£tavo Georgii IL c.9, ^03

ible to them in refpedl thereof, at the rate aforeraid; (which faid
:€rtificate or certificates (hall be affignable, by indorfement
:hereupon to be made, and witnefled by two perfons, at any
rime or times before the twentieth day ot Deambery one thou- AiHgnable be-
fand feven hundred and forty five) and in order to prevent the ^ore Dec. 20.
luditor of the faid receipt from being impofed upon by any '745'
:ounterfeit or forged certificate or certificates, the faid receiver
>r receivers (hall, and they are hereby directed and required tOp
tranfmit to the auditor of the receipt in the faid exchequer (aschwlics^^
roon as the faid whole fum of five hundred thoufand pounds, by cemiicates to
this Z&. intended to be raifed by way of lottery, (hall be advanced be returned to
and paid to him or them) the counterpart ot the cheques of all thecxcbequcr.
the certificates given by him or them to fuch contributors as a-
forefaid; upon which laid counterparts of the faid cheques (hall
be expre(red the number of each certificate, the contributor's
name, and the principal fum contained therein.

XXXIX. And it is hereby further enaded by the authority a book of the
aforefaid. That the faid receiver or receivers (hall alfo, within names of
fourteen days after the third day of O^oierj one thoufand feven Contributori,
hundred and forty five, tranfmit to the auditor of the receipt of ^^j^^^. '
the faid exchequer, a book fairly written on paper, figned by him cheqaor/
or them, containing the names of the (everal contributors, to*
wards raifing the faid fum of five hundred thoufand pounds by
way of a lottery as aforefaid, the number of tickets fubfcribed
for by each fuch contributor, the principal fums by them re*
fpe<5tively paid for the purchafe of fuch ticket, and tne annuity
payable in refpei5t thereof at the rate aforefaid ; to the end the
(aid auditor may be thereby fatisfied, that the faid full and entire
fum of five hundred thouiand pounds, to be advanced as. afore-
faidy hath been paid to fuch receiver or receivers ; which book
(hall remain in the office of the auditor of the faid receipt of ex-
chequer for ever.

XL. And it is hereby further enaded by the authority afore- Certificates tx>
faid That all and every the contributor or contributors aforefaid, bechangedfor
or fiich other perfon or perfons as (hall be poflcfledof any fuch orders before
certificate or certificates, by this aft directed to be given by fuch ^^' *5» >7*>
receiver or receivers as aforefaid, (hall, before the twenty fifth
day of Deambery one thoufand feven hundred and forty five, de-
liver, or caufe to be delivered to the auditor of the faid receipt of
exchequer, all and every the faid certificate and certificates
aforefaid, to be exchanged for orders, to be made out in the
manner hereafter mentioned ; and (hall alfo, at the fame time
name to the faid auditor his, her, or their own, or fome other ^ **^^° ^
life, during which he/(he, or they, or his, her, or theiraCTigns, "*™**''
fiiaU beintitled to receive a dividend or (hare of the yearly fund, ^
hereafter dire&ed to be fet apart out of the faid additional im-
pc^tions, rates, or duties, by this zA granted to his Majefty
as afiM'e(aid, on pain of forfeiting, not only the half-year's an- Penalty.
nuity, which fliall become due and payable to fuch contributors
or their affigns, on the twenty fifth day of Decembir^ one thou-
£uid fevea hundred and forty five (in refpedt of the principal

fums

304 AnnodccimooiStavoGEORGii II. c.9. ['745.

fums by them feverally advanced as aforefaid) but alfo all fuch

fubfequenc half-yearly payments, as (hall become payable to

fuch contributors, or their afligns, until he, fhe, or they (hall

have produced to the auditor of the faid receipt their refpcdlivc

certificates, to be exchanged for orders as aforefaid, any thing

herein contained to the contrary notwithftanding.

Orders to be XLI. And it is hereby further ena<5ted by the authority afore-

madc out as faid. That the auditor of the faid receipt of exchequer, (hall,

^11 as may ^s foon as conveniently may be, after fuch certificate. or certi-

ficates (hall be delivered to him as aforefaid, caufe orders to be

made out upon vellum or parchment in lieu of fuch certificates ;

which faid orders (hall contain the names, furnames, places of

abode, and other additions of the refpe^ive contributors, or

their aflims, and of their nominees, the principal fums by them

advanced, together with the annuity payable in refpedl thereof

during the life of fuch nominee to be appointed as aforefaid, oat

of the yearly fund herein after directed to be fet apart for that

purpofe ; and all fuch orders (hall be(igned by the commilTion-

crs of the treafury, or any three or more of them, or the high

treafurer for the time being j and after figning thereof, the fame

(hall be firm, good, valid, and effedu^ in the law, according

to the purport and true meaning thereof, and of this ad, and

(hall not be determinable by or upon the deaths or removals of

any commidioner or commiffioners of the treafury, or high

treafurer, nor (hall they or any of them have power to revoke,

countermand, or make void fuch orders fo (igned as aforefaid.

Book to be XLII. And it is hereby enadted. That in the ofHces of the au-

J^cpt i" ^he ditor of the faid receipt of exchequer, and clerk of the pells feve-

awHtor amd ""Y' ^^^^^ '^^^ ^ provided and kept one or more book or

clerk of the books, in which (hall be fairly entered the names of all fuch

pells : contributors, and their nominees, during whofe lives refpedive-

ly, the feveral dividends of the faid yearly fund hereafter dired-

ed to be fet apart, (hall be payable at the times when the fame

to beinfpea- (hall be nominated as aforefaid ; to which books it (hall be law-

butofs^"^*" ^"' ^^^ *^ refpe<5live contributors, their executors, adminiftra-

" ^*' tors, or affigns, from time to time, to have refort, and to infped

the fame witliout fee or reward.

XLIII. And it is hereby further enabled by the authority a*
forefaid. That out of the monies arifing by virtue of this ad,
there (hall yearly, and every year, be feparated and kept apart,
at the faid receipt of exchequer, the fum of twenty two thoufand
Yearly fund five hundred pounds ; which (aid fum of twenty two thou(and
for*V^* five hundred pounds (hall be, and is hereby declared to be, a
annw^oif Y^^^^Y ^"^ ^^^ anfwering and paying the annuities aforefaid;
and (nail yearly, and every year, be eaually divided amongft the
faid contributors, their executors, adminKhators, and afiigns,
during the lives of their refpeAive nominees, in proportion to
the principal fums by them advanced, by two equal half yearly
Times of pay. payments ; that is to fay, at the feafts of the birth of our Lord
**^'^^* Chrift, and the nativity of Saint John the Baptift , the firft pay-

ment thereupon, to be made at the faid feaft of the tntth orour

Lord

r745'] Anno decimo o6Uvo Geokqii II. c.9. 305

K>rd Chrift, one thbufand feven hundred and forty five; and Shares of an.
pen the death of every fuch nominee, the (hare of the faid "">"«• ^^
jnd, which was payable during his or her life, (hall ceafe and ornomincM.
etermine.

XLIV. And be it further enaAed, That it (hall ahd n»y be orders trans*
iwful for any contributor, or his, her, or their executors, ad- ferrable.
liniftrators, or afligns, at any time, during the life of his, her,
r their refpe<5tive nominees, by proper wocds of adignment to
e indorfed on his, her, or their order, to be witnefled by two
erfons, to adign or transfer his, her, or their right, title, intereft^
id benefit of fuch order or orders, to any other perfon or per-
ms ; which being notified in the office of the auditor of the faid y u ^ 1
!ceipt of exchequer, the officers there (hall caufe an entry or ftered*wiSiout
lemorial thereof to be made in the book of regiftry for fuch or- fee.
ers, without fee or charge ; and after fUch entry made, fuch «

lEgnment (hall intitle fuch affignee, his, her, or their executors,
dmini(h'ators and alfigns, to the benefit thereof, and payment
tiereon ; and fuch a(mnee may in like manner affign again, j^
nd fo toties quoiies\ and afterwards it (hall not be in the power affiOT*again*^
f fuch perfon or perfons, who (hall make fuch affignmem, to toties ptotUt.
aake void, releafe, or difcharge the fame, or any monies there*"
y due, or any part thereof.

XLV. And be it further enadted by the authority aforefaid. Infant* being
That in cafe any guardian or truftee, having the dilpofal of the P^rchafcrt
tioney of any infant, (hall, in purfuance of the power herein be- ^J n" Sin^
are given to him or thorn in that behalf, have advanced and paid intitled to the

0 fuch receiver or receivers as aforefaid, any fum or fums of benefit.
noney of fuch infant for the purchafe of ten tickets, or more,

1 the faid lottery, in manner herein directed, and (hall there-
pon, within the time herein before appointed for naming of
ves, name the faid infant to be a nominee, fuch infant, upon
ayment of fuch fum or fums of money,, (hall become a con-
riDutor within the meaning of this a<5l, in fuch manner and
roportion, as any other contributor ; and the faid guardians
nd truftees, as to the fum fo advanced by them, are hereby
ifcbarsed.

XLVI. And for preventing all ftauds in receiving any (hare Abfent nomi-*
f the yearly fund hereby appointed to be fet apart as aforefaid j ""'i^J*^
e it further ena<fted by the authority aforefaid. That eveiy i[^^.
ontributor, his, her, or their executors, adminiftrators, a(- '

guf, or agents, upon their demanding any half-yearly pay-
oent of his, her, or their refpeAive (hares of the faid yearly
jnd (unlefs the nominee appear in perfon at the faid receipt)
lall produce a certificate of the life of his, her, or their refpec-
ve nominee, (igned by the minifterand church- wardens of the
ari(h where fuch nominee (hall be then living upon the day
rhen the faid half-yearly payment (hall become due (if fucli
ominee (hall be then refiJing in that part of Great Britain call-
i England^ dominion oflfakSy or town of BertUui upon Tweed)
r otherwife, it (hall and may be lawful to and for every fuch
ontributor, his. her, or their executors, adminiftrators, or

Woh. XVIII. X affigny.

3q6 Anno dccimo odbtyO/GEORGll IL cp; [1745*

afllgns, at his, her, or their dedion, to make oath of the
truth of his, her, or their refpedtive nominees life, upon the
day when the faid half-yearly payment (hall become due, bef(»«
one or more juftices of the peace of the refpedtive county, rid-
ing, city, town, or place, wherein fuch perfon, at the time of
making fuch oath, ihall refide ; and in like manner, every fudi
contributor, his, her, or their executors, adminiftrators, or af-
figns, or agents, whofe nominee (hall refide in any town or
place, being extraparochial, upon the day when any of the (aid
half-yearly payments (hall become due, (hall make a like oath
before any fuch juftice or juftices aforefaid, of the life of fuch
• nominee on that day (which oath the faid juftice or juftices are
hereby impowered to adminifter) and fuch juftice or juftion
(hall make a certificate thereof, for which oath and certificate no
Pinaltv on a ^^ ^^ reward (hall be demanded or paid ; and the faid certificates
f^dfeoTth, or ^^^ be filed in the office of the auditor of the faid receipt of a-
loi^ ccrtifi- dieauer ; and if any per(bn ftiall be guilty of a falfe oath, .or
c^^- (half foree any certificate, touching the premifles, and be there-

of 1 awfully convi£ked, fuch perfon (hall incur the pains and pe*
nalties to be inflided u{>on perfons who ftiall commit wilful per-
jury and foi^ery ; and in cafe any nominee ftiall, at the time of
fuch demand, be refident in that part of Gnat Brita-n called
Scotland^ or in the kingdom of Ireland^ and any one or more of
the barons of the exchequer there, for the time being, (hall cer-
tify that, upon proof to him or them made (which proof he and
they is and are hereby authorized and required to take in a fum-
mary way} it doth feem probable to him or them, that the bid
nominee is living (which certificate is to be given, and examina-
tion made, without fee or charge] the faid certificate being (iled
as aforefaid, (hall be a fufficient warrant for making the iaid
half-yearly payments to the refpedtive contributors, their exe-
cutors, adminiftrators, or afTigns ; and in cafe any fuch nominee
Nominees be- OmM^ at the time of fuch demand, be refident in any pans be-
yond feas bow yond the (eas, the proprietors of all fuch orders, or their agents,
to be certifi- fliall produce certihcates of the life of his, her, or their refpec-
ed, living. ^jyg nominees, under the hand of the Briti/h minifter refiding at
the place where any fuch nominee (hall be living, upon the day
when the faid half-yearly payment (hall become due ; and in
cafe no Britijb minider fliall refide at the place where any fuch
nominee (hall live, then the faid proprietors of fuch orders, or
their agents, (hall produce a certificate of the life of his, her, or
their refpedive nominees, under the hand and feal of the chief
magi(brate of any city, town, or place, where any fucR nominee
ftiall be then living, upon the day when the faid half-yearly pay-
ment (hall become due as aforefaid ; and every fucn asent or
agents (hall alfo annex to every fuch certificate, an affidavit to
be made by him or them, before one or more of the barons of
the exchequer, that he or they do believe that fuch certificate
is true \ which certificate being filed as aforefaid, (hall be a fuf-
ficient warrant for making the faid half-yearly payment to the
refpedlive contributors, their executors, admmiftrators, or af-

figns;

1745*3 Araio decimo oftavo Georgii IL c. 9* 307

Sgns; and if any perTon or pcrfons (hall receive one or more Penalty on
dalf-^early payments upon his or their annuity or annuities, for receiving an
my time beyond the death of his, her, or their nominee or no- ^^^^^^c^^^^'
ninees, when the fame ought to ceafe, fuch pcrfon or perfons minec.^ ^^'
hall forfeit treble the value of the monies fo by him, her, or
hem received, and alfo the fum of five hundred pounds, the
Doiety whereof (hall go to his Majefty, his heirs and fucceflbrs,
od the other moiety to him or them that will fue for the fame,
J action of debt, bill, fuit, or information ; in which no eflbin,
«x>te<5tion, privilege, wager of law, injunftion, or more than
oe imoarlance (hM be afiowed.

XL VII. And be it further enacted by the authority aforefaid, on the dcr.th
That every contributor, his, her, or rhpir executors, admini- of r. nominee-
Irators, or afligns, vrithin one month next after notice of the ^^^ contribu ■
cath of his, her, or their refpeftive nominee or nominees, (hall \^^ i'l^llccrti-
ertify fuch death to the auditor of the faid receipt of exche* ^'^^*
uer for the time being; and (hall alfo within three months
ftcr ftich notice, deliver or caufe to be delivered up to the faid
uditor, his, her, or their order and orders, by which he, (he,,

r they was, and were intitled, during the life of fuch nominee t. ,,
^ j^^- /u^-^ ^r-L^ r^iA . -1-. r..-*j :^ ^-r^ r..-.u j i renaity on

ICTS

hereof, fuch contributor, his executors, adminifbators, and
fiigns, (hall forfeit the fum of ten pounds, to be recovered by
Aton of debt as aforefaid, and to be had and received for the
lie of any pcrfon who (hall fue for the fame.

XLVIII. And be it further enafled by the authority afore- Annuities free
sdd. That all the annuities payable to fuch contributors out of from taxes.
he faid yearly fund, (hall be tree from all taxes, charges, and
mpofitions whatfoever. .

XLIX. And whereas it mayfo happen^ That inprocefs oftime^feve^ ^^^ Qx^tx% t
aUfthe fmdfianding orders may be loji^ burnt ^ or dejlroyed^ or may \^ made out ^
teome defaced^ obliterated^ or incumbered with many aj&nments endorf- in lieu of dc-
d thereon^ and it mc^ be neceffary that new orders JhouU be made forth faced,
n Heu thereof i be it therefore enadted by the authority aforefaid,
riiat in all or any of the faid cafes, any three or more of the com-
mffioners of the treafury now bemg, or the high treafurer,
IT any three or more of the commi(rioners of the treafury for the
hne oeing, (hall, and they are hereby impowered from time to
ime "(Upon certificate under the hand of the lord chief baron,
>r any other the barons oif the coif of his Majelty's court of Ex^
iffuery that he or they are fatisfied by proof upon oath before
din or them made, that any fuch order or orders have been lofl-,
mmt, or othcrwife dcftroyed) to caufe new orders to be made
brth at the exchequer, to be figned by him or them, in lieu
if fuch orders fo certified to be loft, burnt, or deftroyed -, and
he refpectivfc officers in the faid exchequer, arc hereby diredled Conditions,
0 pay the intereft, which (hall from time to time become due
ipon fuch new ondefs, as if the original order or orders had
cen produced; and all fuch payments (hall be allowed in their
el^iective accounts, provided that the perfon or perfons intitled

X 2 10

3o8 Anno decimo o£kavo GeorGII II. C 9. [i745«

to receive the intereft due upon fuch order or orders, do give
fecurity to the King, to the good liking of the perfon appointed
to pay the fame) to pay into the exchequer for the me of the
publick, fo much money as (hall be paid thereu^n, if the order
or orders fo certified to be loft, burnt or otberwife deftroyed, be
liereafter produced ; and the faid commiffioners of the treafury,
or the high treafurer for the time being, (hall and are hereby
alfo impowered to caufe new ftanding orders to be made forth,
for and in lieu of fuch orders as (hall become defaced, obliterat-
ed, or otberwife incumbered as aforefaid ; which laid order or
orders (hall be at the fame time delivered up, and cancelled, and
the new order or orders to be made out in lieu thereof, (hall be
made payable, and delivered to the perfon or perfons who (hall
appear to be the proprietor or proprietors of the faid <»der or
orders fo to be delivered up, and cancelled at the time of fuch
deliveiy up as aforefaid ; and the auditor of the receipt afbrelaids
Entries to be ^^'' always take care that fuch entries or memorandums be ,
made upon made upon the faid new orders, as majr denote their being !
new orders, made in lieu of fuch defaced, obliterated, incumbered or otter- |
wife defeAive orders cancelled, and as may fecure the puhUck |
againft any double payments, for or by reafon of the making i
out, or ifTuing fuch new orders in manner aforefaid.
Counterfeit. ^* ^"^ ^^^ preventing all frauds and abofes in or about die
ing orders, af- faid (landing orders, or any a(rignments tl\ereof, or the recbiv-
fignmentsi ing the annuities due or to grow due thereon; be it enaAeidbj
^c. the authority aforefaid. That if any perfon or perfona wba^o-.

ever (hall forge or cgunterfeit, or procure to be for^;or
counterfeited, or knowingly or wilfully aA and aflift ifttbp
forging or counterfeiting any certificate or certificates to begjvjSi
by fuch receiver or receivers, or any order or orders to be illalfe
forth in lieu thereof, in purfuance of this prefent a^, or wy af-
fignment or aflfignments of fuch order or orders, or of tne aHf
nuities payable thereon, or of any receipt or difchai^ to the fit*
chequer, for the annuities due or to grow due on any fudi orSn:
or orders, or of anv letter of attorney, or other authority or B-
ilrument, to transfer, a(fign, alien or convey any fuch order or
orders, or to receive the annuities due or to srow due therebOi
or any part thereof, or (hall forge or counterfeit, or procure. to
be forged or counterfeited, or knowingly or wilfully zA or iSA
in the forging or counterfeiting any the name or names of iaj
of the proprietors of any fuch order or orders, in or to any^focn
pretended alfignment or aflfignments, receipt, letter of attohjcf^
mftrument or authority, or (hall knowingly or fraodulen^'mi-
mand, or endeavour to have or receive any fuch annuity or W
nuities, or any part thereof, by virtue of any fuch (orgeff or
counterfeit receipt, letters of attorney, certificate, inftrufQent'er
authority, or (hall falfly and deceitfully perfonate any true uU
real proprietor or proprietors of any oi^ the faid order or ordbi,
and thereby affign or endeavour to aflign any of the faid oidci
or orders, or receive or endeavour to receive the money of fuch
trut and lawful proprietor, as if fuch offender were tihe true and

lawfid

X745*] Anno decimo oftavo Geqrgii IL c. 9. 309

lawful owner thereof; then, and in every fuch cafe, all and e-
very perfon and perfons being thereof lawfully convicted in due
form of law, (hall be adjudged guilty of felony, and (hall fuffer Felony.
as in cafes of felony, without benefit of clergy.

LI. And be it further enaded. That no tec, reward or gra- j^^^ f^ ^^^
tuity whatfoever, (hall be demanded or taken of any of his Ma- paying annui-
jelly's fubjdAs, for receiving or paying the faid contribution tics, transfers,
monies, or any of them, or ror pavmg the faid feveral annuities, ^^*
or any of them, or for any transfer of any fum, e;reat or fmall,
to be made in purfuance of this aA, upon pain that any o(Scer
or perfon' offending, by taking or demanding any fuch fee, re-
ward or gratuity, Siall forfeit the fum of twenty pounds to the
party aggrieved, with full cofts of fuit ; and that all receipts and
lilises, and all other things directed by this adl to be performed
in the exchequer, (hall be done and performed by the officers
there, without demanding or receiving, dired^ly or indiredlly,
any fee, reward or gratuity for the fame ; and m cafe the offi- p .
cers of the exchequer (hall take or demand any fuch fee or re- mlfopSication
ward, or (hall mifapply or divert any of the monies to be paid of monies, ie^:.
into the exchequer upon this a A, or (hall pay or i(rue out or the
fame, ottierwife than according to the intent of this aA> or (hall
not keep fuch books or re^ifters, or make entries, and do and
peiTonn all other things which by this aA they are directed and
required to do and perform, every fuch officer (hall forfeit his
plaice, and be for ever after incapable of any office or place of
truft whatfoever, and (hall aofwer and pay treble cofts ot fuit, to
aiiy contributor, or perfon claiming under him, that will fuefor
the fiime, to be recovered by aftion of debt, bill, plaint or in-
formation, in any of his Majefty*s courts of record at Wiflmin--
fitr^ wherdn no eflbin, proteffaon, privilege or wager of law,
ii^unAioq, or order of reftraint, or more than one imparlance,
fliall be granted or allowed; and in the faid aAion the plaintiff,
upon recovery, (hall have full cofls of fuit; one third of which
fum (hall be paid into the faid receipt of exchequer, for the be-
nefit of his Majefty, his heirs and fucce(rors, and the other
two thirds (hall be to and for the ufe of the profecuton

'LII. Provided always, and be it enaded. That in cafe any Cafes exempt
officer of the exchequer (hall make payment of any (hare or fro«» penalty.
iHares of the faid yearly fund of twenty two thoufand five hundred
pounds by this aA directed to be fet apart for the purpofes a-
forefaid, upon any fuch certificate or certificates as atorefaid,
fuch officer (hall not incur anv penalty, forfeiture or difability,
or be liable to any aAion of tne contributors for doing thereof,
tbou^ the faid certificate be forged or fiilfe, or th^ faid nominee
be dead, unlefs the faid officer did know at the time of fuch pay-
ment that the faid nominee was dead, or that the faid certificate
was for^ or fidfe.

LIIL And it is hereby enaSed bv the authority aforefaid, Deficiencie$.c»
That if at any time or times the produce of the (aid additional be made up^
impofitions, rates -or duties (hall happen to be fo low or deficient,
U that the monies arifing therefrom into the exchequer (ball not

X3 be

310 Anno decimo odavo GeorGII II. C.9. [1745*

be fufficient to pay and difcharge the feveral and refpe£tive an-
nuities,and other charges direAcd to be paid thereout,at theendof
any or either of the refpedlive half yearly days of payment at which
the fame are hereby direded to be paid, then, and fo often, and
*^"*ni« ^^ ^^^^ ^^^^ ^^^^' ^^^^ deficiency or deficiencies (hall and may

"*^ ' be fupplied out of the overplus monies that (hall or may happen

to arife and be paid into the exchequer in any of the fubfequent
half years, as the faid refpeAive annuities (hall, from time to
time, become due and payable ; and in cafe fuch overplus mo-
nies fhall not be fufficient to fatisfy the deficiencies hereby in*
tended from time to time to be paid thereout, that then and in
every fuch cafe the deficiencies fo from time to time happening,
(hall, from time to time, be anfwered and made good by and out
of the firft fupplies which (hall be granted in paruanient nextaf-
or nextfup- ter fuch deficiencies (hall appear; and in cafe no fuch fupplies
plies, (ball be granted within fix months next after fuch deficiencies

(hall happen, then the fame (hall be made good out of any of
the monies which at any time or times (hall be or remain in the
receipt of the exchequer, of the furplufles, excefifes or oferpfais
or finking: monies commonly called The fmUng fund (except fuch monies
fund ; of the fame finking fund as are appropriated to any partkolff

ufe or ufes bv any former 2& or ads of parliament in that be*
half) and fucn monies of the faid fmking fund (hall and maybe
from time td lime i(rued and applied accordingly ; and if , at any
time or times before any monies of the (aid additional impofi-
tions, rates or duties hereby granted, (hall be brought into the
exchequer as aforefaid, there (hall happen to be a want of mo-
ney for paying the feveral annuities aforelaid, which (hall be ac-
tually incurred and grown due at any of the faid half yeadf
days of payment before mentioned, that then, and in every m
cafe, the money fo wanted (hall and may be fupplied out of the
monies of the faid finking fund (except as before exdiiptc^) add
be {(Tued accordingly.
To bcrei)lac- LIV- Provided always, and be it enafied by the authority a-
cd out of next foreftid. That whatever monies Jhall be fo iffued out of the fiud
fupplies. finking fund, (hall from time to time be replaced by and oat of

the firft fupplies to be then after g^ranted in parliament.
f urplui to be ^Y • Provided always, and be it enaded by the authority a-
difpofed by forcfaid. That in cafe there (hall be any furplus or remainder of
parliament, the monies arifing by the faid additional impofitions, rates or
duties, after the faid feveral and refpeiflive annuities, and all ar«
rears thereof are fatisfied, or money fufficient (hall be referved
for that purpofe, fuch furplus or remainder (hall, firom time to
time, be referved for the difpofition of parliament, and (hall
not be iflTucd but by authority of parliament, and as (hall bedi-
refted by future a<!t or a6ls of parliament; any thing in any for-
mer or other aft or a6ts of parliament to the contrary notwith*
(landing.
Perroas fued LVI. And it is hereby enaftcd by the authority aforefaid,
may p1c?d the That if any pcrfon or pcrfons (ball, at any time or times, be
general iflue. fi/cd or profecuted for any thing by him or them done, or exe-
cuci in purfuance of this afl, or of any matter or thing in this

1 745.] Anno decimo o£tavo Georoii II. c. i o,--i 2. 3 1 x

aA contained, fuch perfon or perfons (hall and may plead the
general iflixe, and give the fpecial matter in evidence tor his or
their defence $ and u, upon the trialy,a verdidi (hallbafsfor the de-
fendant or defendants, or the plaintiff or plaintiffs (hall become Xreble coftt.
nonfuited, then fuch defendant or defendants (hall have treble
cofts, to lum or them awarded againft fuch plaintiff or plaintiffs,

CAP. X.
^aa far the fp$eif and effettual recrmiing •f bis Mtge-
ftfs tegimenis of fooiferving in Flanders, Minoica, Gi-
hraltar, and the plantations^ and the regiments of ma-
. rixes. Exp.

WHER E A S/ir recruiting Us Myejifs land fortes and ma-
rines^ it is neceffinj that a new fuppfy of men he forthwith
rmfed within the kingaem of Great Britain, hy common confent and
jp^ant in parliament I bett therefore enadted, &rr.

CooEUBiffioaers for the land tax to put this aft in execution: at alb the com-
jniiBonen of the year 174c. CommUfioiiert meeting to be appointed at
ttM ouarter fefliont after Mar. 15, and Sept. 19. Clerks of the peace to
'MiM Wice of the times and places of meeting, by the conftables, &c. to
ttecdflBmiiBoimrSt and officers. PeHoDs not exercifing any lawful callingty
4o. bft ievied, as Ibldierh by three coiiimiflioners» &c. Pwifli officers. £c.
jificarch for perloos to be inlifted, within the defcription of this aft. Com-
nnlEonen (hall adjudge what perfons are nroper to be inlifted. Rewards
Af fiarifli officers, and Aibfiftence money for new-raifed men . Inhabitants
Hf pnrUbes to a0ift coinmiffioners and officers. Reward for the pariih
sisbcso. recruits are rai(ed. QuaUHcations of any imprefled man to be fudg-
ed ckf,. io caic of a difpnte, by a field officer. Rewards for lifted foldiers
to be cl^airged to their regiments. Articles againft mutiny, &c. to be read
Ibnirw-Taued men. A book of thdr names, &c. to be fent to the war- of-
Idk Pferibns hindering the execution of this aft^ to be fined, or imf>ri-
fiMicd. No peribn who has a vote for members of parliament, to be levied
jw • .foldier. Perfons foed may plead the general iflke. Treble cofts.
F^ons lifted on this aft, to be oilcharffed in nve years, if demanded. His
Majefty may fufpend the execution of tnis aft. C6mmiflioners and parifti
officers executing this aft, to be exempted fpom penalties of %$ Car* a. c. %.
Ar a W. I( M. ft. I. c« f . fc 13 dr 14. W. 3. e. 6. Bailiffs folk>wers not ex.
cmjpt from bdng lifted. Harveft labourers exempt, from May 15, to Oft.
sy, 1745, having a certificate. Continuance of this aft, to is April, 1746.
Indemmty for nuftakes of parifti officers in executing laft year's aft.

CAP. XL

Aaraft for indemnifying perfons who have omitted to qualify themfelve s
.far offices and employments, within the time limited by law, and for al-
. .^ammf^ further time tor that purpofe. Exp.

r CAP. XII.

An aft for continuing and enlarging the term and powers granted by an
lift made in the twelfth year of the reign of his late maiefty Kijig
George the Pirft, For npairing tin bighwMsJrom Sfanbamiand^ adwming
t9 Hewbwjf in tbi cmnty of Birh, H Maivmroi^b^ in ibi county of Wilts.

'Ihtnai% Gto. I. r. t. conUmudfor si jears.

X4 CAP.

312 Anno decitno q£Uvo Georgii II. c. ig. [i745'

CAP. XIII.

Jn aa for more effeHualfy cteanfmgy deepening^ widenini
and preferving a creek ^ called Beverley beck^ running into
the river Hull ; and for more effeSiually repairing the
Jiaitbs near the faid beck^ and the roads leading from tbi
faid river to the iown of Beverley ; and for cUamJing the
ftreets of the faid town-y and for regulating the carriagit
to and from the faid beck^ and the river Hull.

WHEREAS by an an paffid in the thirteenth year of the
^ ^. reign of his late majejly King George the Pirft^ intttulti^

An %& for cleanfing, deepening and widening a creek called
Beverley beck, running into the river Hully and for repairing
the ftaiths near the faid beck, and for amending the roadls lead*
ing from the faid river to the town of Bnferleyy in the eaft rid-
ing of the county of Yort^ and for cleanfing the ftreets of the
fcid town, hveral fmall tolls and duties^ in the faid aSl partieukr^
ly rhetiiionedj were laid on divers goods^ u/aresy and merdfOndizes^
rvhiek^ after the firfl day of May, one thoufand feven hundred
.and twenty feven, fbotdd he laded or unladed on or from any finp,
boat, keely^ wherry, lighter, hoy, or other veffel, atorinentf fart
of the faid heek^ or at any of the fuhlick ficiths Or other f faces a-
long the faid beck, or river liull, and made payable to thefmd mayor,
aldermen, and capital burgeffes of the faid iown of Beverley ftr
the time being, and their fmceffors, or to fuch perjon or perfons as
they Jhould, by writing undif their common feal, nominate and ^-
point to collet and receive the^ fame \. and that the fame Jbould be
applied for and towards the purpofes in the faid ail mentioned: and
whereas:, fme the pajpng the faid aft, the mayor, aldermen, and
capital burgeffes of the faid town of Beverley, hove borr.owed a con-
fiderabk fum of money upon the credit of the tolls and duties thereby
granted', and although the fame^ together with the vuoene ae^ng
from the tollf and duties eolkeied^ have been applied accordiMg to the
directions of the faid a/f, yet the fame are found infiefficient towt-
fwer the intention thereof \ and the faid beck being^ now in very great
danger of being choahd and warped up ly the fbtdge and foil brought
in by the tides, and by the edrth falling in from the banks of the
faid beck, which in many places on both fides thereof are Jhet tn^ and
will repcire to be repaired andfupported by piles, and other expci^
works, without which the faid beck cannot be kept open, and fajfd-
enth cleanfed: and forafmtub as the cleanfing, deepening, widening,
find preferving the Jmd creek cr beck, and amending, repairing^ ml
maintaining the faid banks, Jiaiths, roads, and ways, will be a ccn*
tinu^l expenee, and will require more momy than can he raifii by the
prefent duties granted by the faid aSf, zvbick are in many refpeiis un-
fqual, and not duly proportioned, to the refpciVvue values cf thegcods
fbargeable therewith: wherefore, for the better enabling the
mayor, aldermen, and capital burpjertcs of the faid town or
JSeverley, to cleanfe, deepen,, ^^den arid preferve the faid creek

or

i 745*1 AnnodecimoodayoGEORGii 11. 0.14,15. 313

or beck, and to amend, repair, maintain, and keep up the faid
hanks, ftaiths, roads, and ways, and to bring the duties grant-
ed by the faid aA to a nearer equality and proportion, may it
pleafe your moft excellent Majefty, that it may be enadted, bfe.

Additional tolls to be paid after May i, 1745. For every chaldron of
coal, id. Qjiarter of oats, barley, malt, iq. Qoarter of wheat, rye, mef-
fledine, beans, peafe, rape(eed, nempfeed, linHK^, or other feed or grain,
tq. Hundred 6k flour, )q. Hogfhead of fait, ^d. Tun of (alt, in bulk,
aa. 3 hogflieads of fugar, tobacco, melailes, or of other good%, 8d. 4
.hogiheads of wine or rum^ is. Sd. Hogihead of brandy or fpiriu, 4d.
% barrels ot ibap, nufins, oil, pitch, tar, or other dry goods, 4d. Butt of
currans, Sd. 1 pipes of Smyrna raifins, Sd. 16 ban of nails, 4d. Tun of
iron or lead, So. 31 firkins of butter, 4d. «o hundred of cheefe, yd.
Ton of timber or ftone,^ sd. % bags of bops, Sd. Quarter of oatm^ sq.
Hundred of pipe fijives^ id. sq. iXnen of cynders or charcoal, %a. %o
Iheep skins, iq. Quarter of bark, iq. Pack of wool, or other gooas, id.
13 Dozen oiF botdes, id. 4 bu(hels of roots or fruit, tq. iSin of hemp,
line 4ir flax, 76* Qgarter of fern a(hes, id. Small rundlet of liquor, not
CKceeding 10 gallons, iq. Every (mail cask or parcel, not exceeding 1 1 %
pounds, iq. And for every tun of other goods, is. payable to the may«
QTf &c. of JBeverley, for deanfing, tec, the beck. Duties pripr to tbb and
the ibrmera6^ to be continued. Streets, 5rc. of Beverley, tobedeanfed
by^be inbabitants, or, on their negledt, by order of the juftices.

CAP- XIV.
A19 ad for enUurgiog the terms and powers granted by ieveral ttGtt of par*
fiament for repairing th^ highways between Sheppardt Shord and the
Devizes, and the top of Afhlington QiU and Rowd Ford^ in the coun-
ty of Wilts.

J/Ss of 5 Arm. and 11 G0O, i. <^ 17. coutmutdfir %\j€ars,

CAP. XV,

An aSifpr malung thefurgepns of London and the barbers
of Ijoadm two feparate and difiinSl c(nrpo^^

WHEREAS in and by eertain Utters patent^ under tie greet tetten patent
y^0/ ^England, bearing date the twenty fourth dayjfFA^ of i Edw. 4.
fliuoy, in the firfi year of the reign of his then Majefly gpfg Ed- f"?!^/^
ward the Fmrtb^ after rmting^ That the freemen of the mjHery of^^^ "*''
barbers of theeityof London, ujing the myjiery or faculty iffurge-
fyjjHtdfora long time, exercifed andfu^ained, and ftill continued
to exerafe andfuftain great application and labour^ as well about the
curing and healing wounds^ blows^ and other infirmities^ as in the '

letting of bloody and drawing of teeth ; and that by the ignorance
and unjiilfidnefs of fome of the faid b/trbersj as well freemen of the
faid city ^ as of others^ being foreign furgeons^ many misfortunes had
happened to dwers people^ by the unfhlfidntfs offuch barbers and fur ^
geonSi in healing and curing wounds^ btowSy hurts^ and other tf^^
mi ties ; and that it was to be fear ed^ that the Uke or worfe evils might
ibercafter en^e^ unlefs afuitable remedy wasfpeedily provided in the
premtffis ; his faid then Mojefiy did therefore^ at the fupplication of
the freemen ofthifaidmjftery of barbers^ in the faid city of London^
grant to them^ amongft other things^ that the faid myfiery^ and aU
the men of the fame myflery of the faid city^ flmld be one body^ and
pii perpetual community ; and that two principals of the fame com*

men^

314 Anno decimo oStzvo Gsoltoii II. c. 15/ [ 1745.

mondty^ df the moji exptrt men in the my fiery ^ffurgery^ migbiuitb
the ajfent of twelve^ or eight perfons at the Uafi^ o^tbefami esmm-
nity^ every year^ eleJi and make out of the eommunity two mafters #r
governors^ being the moft expert in tbemyflery offurgery^ t§ ctfer/a^
ruUy and govern the my fiery and commonalty aforejaid^ and aU men if
the fame myjlery^ and tie affairs of the fame ; and that the aferefmi
mqfters or governors^ ana commonalty j and their fucceffirs^ migbt
maJteJlatutes and ordifumces for the government oftbe/aulmfiiriis ;
and that the majiers or governors for the time beings aad toeirfiu-
eejorsy fhould have the fiirvey^ fearchy correSfioHj and gammmenitf
all the freemen of the faid city^ being furgeom^ tiling the myftiry of
barbers in the fame city, and of other jurgeans whatjoiver^ ImngU'
reignerSy pra^ifeng and ufing the mjflery of furgery^ witbttt thefmne
iityy and fuburbs of thefame^ and the pumfbment of tbetn^ as wdl
freemen as foreigners^ for their offenus in not perfe&ly executingf
performing^ and uftng that myfiery\ and Jbould al/i bavj^ thifwrvej
andfearch of all manner of inflruments^ plaifiersj and other midkines^
and the receipts to he givcn^ applied^ and ujed by the faid barbers and
furgeonsy for the curing and healing of fores ^ wounds^ burts^ andfiuh
like infirmities ; and that no barber^ mag the feud myftety rffurgery^
within the fold city^ or fuburbs thereof ^ or other foreign furgeonmat*
foevery fhould be in any manner thereafter admitted to execute^ per-
form ^ and exercifcy the fame myftery of furgery^ anlefs be badfirf
been approved ^, as well injhu^ed in that myftery^ by thefMmal-
ters or governors ^ or their fucceffors^ fufficiently fuabfied m tbdt bO"
half J and his faid Majefly ^d further grants that the faid maflirs or
governors J and commonalty of the faid myflery of barbers^ and-tbeir
fuccejirsy nor any of them^ fbeuU in any manner thereaftir be fitm-
moned or put upon any affixes^ juries^ infuefls^ Wfuifuiont^ attaints^
or other recognizances^ to be taken within the faU citf andfubiBrhs
thereof y before the mayor y or fberiffs^ or eoromrs of tbejame dtj
for the time beingy or (ummoned by any of Ins officer orq^Scirs^M"
nifier or mimftersy akbough fiuh juriesy inptifitiom^ or recoptiZ"
ancesy fhould be fummoned upon a writ or writs of right i but that
the faid matters or governor Sy and commonalty of the aforeftii wyf-
terfy and their fuccefTorSy and every of them^ flxndd be thereof ac-
ptittedy and wholly dif charged for ever; and his faid then Majefty
thereby further granted unto the aforefaid mafters and govomorSy
and commonalty of the faid myftery of barbers^ and to thir fiutrf"
fors^ the following liberty; to wity That they^ at all times thereaf-
tir y fhoiud and might admit perfons able and fuffieiently learned and
inftrudfed in the faid myfiery of furgeryy and. by them approued of in
formy andfrefented to the mayor of the faid city for the time beingy
and no other pcrfonSy or in any other manner^ into the faid tnyfkrj
of barber furgeonsy and liberty of the faid city: and whereas by an
aSt of parliamtnt made and pafjed in the thhrty fecond year of the

iV"™rlitiJ^* ^^^^ ?J^^*' ^"^^ ^^"^ ^^^y ^^ ^**'** i«mttW, For barbers
pind uniting ^nd fiirgeons, after taking notice that it was very expedient and
barbci 8 of needful to provide for men expert in the fcience of phyfiek and far*
London ind ge§^ for the health of man's body^ when infirmities and ficknefs fbouli
London' °^ *4r/^^«5 f^r the duo exetcife and maintmame whereof ^ good andne^

'745*1 Anno dedmo ofUvo Georgii IT. c. jg. 315

<^rj a^s had tiirMfire been modi mdprwided^ and thai within
tbiiity rf London, nun of great experience^ as well in fpeculatien
as in fra^ci rf the fdenee and faculty of fttrgery^ were abiding and
inhabiting^ and bad more commonly the daily exercife and experience
rf the kmti fcieme of furgery than was had and ufed within any
farts oj the realm j ana by occafion thereof j many expert perfons were
brought up ftnder them as their JervantSj apprentices^ and otben^^ who
ty the exercife and diligent information rf their mafters^ might exer^
€ifi the fma fdenee within divers other parts of the realm^ to the
gnat reaef^ comfort^ and fuccour of much people^ and to the fafe-
ftutrd rf their iodily healthy limbsy and lives ; and recitingy That
VfHhin the faidcity rf London there were then two feveral and di-
flittH commies of furgeons occttpying and exerdfmg the fdenee and
faculty effitrgery^ the one company being commonfy called The bar-
bers of London^ and the other company called The furgeons of London ;
and that the faid con^any of barbers were incorporated to fue cmd
he faed by the name of Mafters or governors of the myftery or
cprnmonaky of the barbers of LoMon^ by letters patent under the
great feed of King Edward the Fourth j dated the twentr fourth
day rf February, in the firft year of his rdgn^ and whtcS were
confirmed by feveral fubfeauent letters patents in the faid ait men-'
tmed and rrferred to\ and that the other company catted^ The fur-
«ons, had noe any manner of corporation: and that the faid two
feveral and Mftinfi companies of furpons were neceffary to be united
and made one bodjy corporate^ to the intent that ty thdr union and of-

ten affembly toother J the good and due order J exercife , and knowledge
m tSf faid Jcienceer faculty of /urgeryj flfouldbe^ as wellin fjpe-
enladon as in fradhcOj both to tbemfehes and thdr fervants andap-
frenticeSi and by thdr learning and diligent and ripe informations^

mere perfo&y Jpeedy^ and effeffual 'y it was therefore enaOed^ That
the faiatwo fevered and Mtin^companies of fwrgeensy that is tofityy
both the barbers and thejurgeons^ and every perm of them^ being a
freeman of dther of the faid compames^rfier the cuftom of the Jaid
intf rf London, and thetr fuceejfirsj Jhemd from thenceforth be im-
midtately united and made one endre and wnole body cerporate^ and
one commonalty perpetual j which at all times thereafter JboM be
edited by the name of Mafters or governors of the myftery and
commonalty of barbers and furgeons of London^ and by the fame
name to implead and be impleaded before all manner of juJHces in all
eourtSf in all manner of affions ana fuits ; and alfo to purchafe^ en^
jay, and take to them and thdr Jtucejors^ lands^ tenements^ rents^
e^ other ptffflfffions vAatfoever: and it was alfo thereby ena^ed^ That
they JhouUhave a common feal to ferve for the bufinefs of the faid
company and corporation \ and that they Jbould^ by the fame name^
peaceabfyj euietfy^ and indefeazibfy^ have^ poffefsy and etqey^ to them
ffnd thdr fuccejors for ever, all fuch lands and tenements^ and other
hereditaments whatjoeverj which the faid company or commonalty of
barbers then had and enjoyedj to the uje of the faid nrfflery and comr
m^milty of barbers of London, and fliould aljo peaceably and piiet^
fy have and enjoy all and JingularbenefifSy grantSjHbertieti privileges^
franchifeSi and free cujloms^ and affo all manner of other things at
2 any

3 1 6 Anno decimo o£bivo Georgii II. c. 1 5. [< 745*

' arty time given or granted tmto the /aid companies $/ barbers or /uT'
geons^ by what/oever name or names tbey^ erany if them were usH'
edy or which they^ or any ofthem^ or any of their predeceffors, then er
theretofore had by a^s of parliament, letters patents, or otberwife ty
any lawful means at any time before thefaid affy in as large ana am-
ple manner and form, as they^ or any of them, had, might, or /bwli
enjoy the fame, notwithjlanding the fitid union or conjun^ion of thefcii
companies, and as if the fame were and had bO^Jpecialfy and partitu*
larly exprejfed ana declared, with the beft and mo/l cleareft wdrdsani
terms of law, to all intents and purpofes: and it was thereby alfo en»
aSfed, That all perfom of the faid company incorporated by the faid off,
and their fuccejfors, that Jhould be lawfully ainAtted and approved tt
occupy fur gery after thf form ofthejlatute in that cafe made and pro-
vided, Jhould be exempt from bearing of armour, or to be put in any
watches or inquejls-, ana that they, and their fuccejfors, Jhould have
the fearch, overftgbt, punijhment, and corre^ion, as well of freemen
as of foreign, for fuch offences as they, or any of them, fbouli com"
mit againft the"' good order of barbery or furgery, as theretofore tf-
mong the faid company of barbers of London had been ufed and aceu-
Jiomedi, according to the rules and ordinances by them made and ap-
proved of, purjuant to the flatute in that behalf ordained and pro-
vided: and it was thereby further enabled. That no per f on within the
city of London, fuburbs of the fame, and one mile compafs of the
faid city, ujing any barbery or Jbaving, Jhould occupy any jurgery, let*
ting of blood, or any other thing belonging to furgery, except ^auh
ing of teeth onfy', and that whofoever Jhould ufe the myjlery or craft
of furgery within the circuit aforefaid, Jhould, as long as he fiouli
ufe the faid myjlery or craft, in no wife occupy or exercife the
Letttn^zttntifeat or craft of barbery or Jbaving : and whereas in and by certainUt*
of 5 Car. 1. ters patents under the great feal of England, bearing date thefif
S:^^™"^ '""^^ WAuguft. ,« /A.//iA,«r Ith, reign cfiis loUmpf
tbdr privf. ij f^ng Charles the Ftrft, renting thefaid a^ of parliament of the
leges, &c. thirty fecondyear of the reign of King Henry the Eighth : ana that
the menof thefamefocieties, as well from the time of their faid union
and incorporation as before, refpe^ively had held, ufed, and enjoyed
divers liberties, francbifes, immunities, cuftoms, and preheminencies,
within the city of London, the fuburbs and liberties thereof, and cer-
tain villages and places thereunto adjacent, as well on account of the
faidaR of parliament, and other ,aSls of parliament, as by virtue
and on account of divers charters and letters patents made and granted
by the late King James the Firfl, and other Kings and Queens ofEnZ'*
hnd, his faid majefty King Charles the Firfl did thereby grant, ratify
and confirm unto tie faid majiers and governors of the n^flery and com-*
monalty aforefaid, and their Jiuceffors, alland/mgular the manors, mef-
fuages, lands, tenements, cujiom^^ liberties,franchtfes,immunities,jurtf
di^ions^and hereditaments whatfoever, as well within the city ^ Lon«-
don, the liberties and fuburbs^ thereof, as withinthe liberties' and pre-
cin£1s therein after mentioned^ whicb^he men of the aforefaid fociettes of
barbers and Jurgedns, or' either of them, then kwfulfy had, held,
ufei^ and enjoyed, by reafm of any Utters patents of any of the former

Kings

.] Anno dedmo odavo Georgii II. c. 15. 317

and ^itii of England, or by colour o/any laxvful fro/crip^
ufoy or cuftom^ orhy any other lawful nuans^ righth ^ ^i^^
ofore hadf ufod^ or atcuftotfud : and bisfaid late mqjefly King
(es the Firjtiid thereby give power to the faid company tPuUor^
OH to mate by-laws for the good order aud government of the faid
», infucb mannery and under fucb reflriff ions J as is therein men"
' 5 and to make annual ele^tons of mafters or governors of the
mmenaltyy whereof two to be profeffors in the art andfcience ef
ry ; andoifo to eUR and conftitute ten of the freemen of that fo^
to be examiners of thefurgeons of London, during t%eir lives :
t was thereby further grantedythat no perfon tnr perfons what-
\ whether a freeman of the faid fociety^ or a foreigner, or
ive (/England, or an alien, Jboufd ufe or exercife the faid
r fcience offurgery within the faid cities {/'London and wcft-
Icr, or either of them, or within the diflance offeven miles of
lid city iT/* London, for his or their private lucre or profit (ex-
fuch phyfcians as are therein mentioned) unlefs the faid perfon or
ns were fir fi tried and examimd in theprefeneeoftwo or more of
rafters or governors of the ntyfiery and commonalty aforefaidfor
ime being, by four or more of the faid examiners fo to be elelted
eonjlituted as aforefaid, and by thepublick litters te/Hmonial of
Ime mafters or governors under their common Jeal improved of,
admitted to exercife the faid art or fcience of furgery, accormng
e laws and /latutes of the kingdom ^England, un^ the penal-
\ the faid letters patents mentioned \ and that all and everj of the
freemen andfurgeonsfo examined, approved of, and admitted, as
efaid, might lawfully ufe and exercife the fame art andfcience of
ery, as wellvnthin the cities of London and Weftmtnfter, tie
'ties andfiiburbs thereof, ap in any other cities, towns, boroughs,
places whatfoever of the kingdom of Englafid : and it was there^
urther granted ana provided. That thojatd ma/fers and governors
he myfteri and commonalty aforefaid, and their facceffors, migpt
nnt and have apublick leBure for the art andfcience offurgery in
r common hall, or other convenient place, every week, or otherwife,
be difcretion of the faid mafiers or governors, and their affiftants,
he major part of them for the time being, to be held for the better
ru£tion and information in the principles and rudiments of the art
fcience of chinergery of all and Angular as well freemen as fo-
rrnrs ; whether native fitbje&s ^England or aliens, to be en-
*d find admitted as is therein mentioned : and it was thereby alfo
ftituted and ordained, Thattto one, whether a freeman of the my f-
f .or commonalty aforefaid, or a foreigner, whether a native of
igiand, or an alien, exercifing the art offurgery within the cities
Condon J«iWcftminftcr, or thefuburbs or liberties thereof, or
thinfeven miles of the faid city of London, ff>ould go out from the
'/ 0/ London, or fend out atty apprentice, fervdnf, or other per^
! yjhomfoever, from the fame pcrt^ to execute or undertake the place
office of a fur geon for anyjhip, whether in the fervice of the crown,
of any merchant or others, unlefs they, and their medicines, inftru-
ntsand chefls refpeiiively, were firft examined^ infpeffed, andaU
vidby two fuch majlers or governors of the myftery and commonalty

afore^

3^8 Ajuio dedmo oAavo Gborgii IL c. tg* li74Si

ahrifaii ftr tbi thru biihg^ as wtre/kilUi^ hmmg^ rndproftf'
firs in tbi Jkme art ^f Jurgtry^ under tbi penalty tbirtht mimiomi:
and wbirtas^ fimi tbefaid ait for inarporation of tbi find twi com-
panifSy tbofi oftbifaid eompof^pra^tjingfurgeryj bavi^ from tbiir
Joli and conftantjludy of and appUcatton to tbi fcid fcwuOy nndird
tbi profeffwi and pra&ia tbtreof of gnat binefit to ibis Ungdom :
end wbenas tbe barbers belonging to tbefaid corporation aro noWf
and for many years bave been engaged and employed in a bujinefsf$^
reign tOy and independent of tbc pra^ice of furgery \ andthefurgcm
belonging to tbe fame corporation being now become a numerous end
conjiderable body^ and finding tbeir union with tbe barbers inconvem-
ent in many refpe^s^ and in no degree conducive to tbe progrefs or
improvement of tbe art of/urgery } and tbat a feparation of the
corporation of barbers and Jurgeons^ and making two corporations of
tbe prefent united company of barbers and jurgeons^ mil contribute
much to tbe improvement of furgery^ and thereby become a matter of
publick utility^ are therefore defirous^ that thofurgeons^ being free^
men of tbe faid company^ may be made a corporation feparate and dif-
tinHfrom^ and indepenJient of the barbers of end belonging to thejaii
company ; may it therefore pleafe your moft excellent Majelty,
that it may be enadted i and be it enaded by the King's moft
excellent majefty, by and with the advice and confent of the
lords fpiritual and temporal, and commons, in this prefait
n • of b parliament afTembled, and by the authority of the fame. That
benTuid fur' *^ ^^^ union and incorporation of the barbers and furgeonsof
geont of Lon- London^ made and effedted by the faid recited a<3 of the thirty
don diflblved fecond year of King Henry the eighth, fliall, from and after the
after June z^ twenty fourth day of June^ one thoufand icven hundred and
'^*^' forty five, be, and the fame is hereby diflblved,* vacated, and

declared to be void aAid of no effed \ and that (iich of the mem-
bers of the faid united company or corporation, who are free-
men of the faid company, and adniittea and approved fui^geons
Surceont of ^^^hin the rules of the faid company and corporation, and their
London made fucceflbrs, (hall from thenceforth be made, and they are hereby
a feparate bo- made and conftituted a feparate and diftindt body corporate,
dy aind commonalty perpetual, which, at all times thereafter, (hall

be called by the name of mafterj governors and commonalty of tbe
ert andfcience of furgeons of London ; and by the fame name,
(hall and may implead and be impleaded b^ore all manng: of
and may enjoy juftices in all courts and in all maimer of adtions and fuits, and
cecdiVff^^tod P"*'c'^^» enjoy, and take to them, and their fucceflbrs, any
per anmm. ' lands, tenements, rents, or hereditaments, not exceeding die
yearly rent or value of two hundred pounds in the whole, with-
out incurring any of the penalties or forfeitures cxl the ftatutes
of mprtmain*
The corpora- H. And it is hereby further enabled by the authority aforelaid,
ch!x>fe*offi- '^^^^ *^ ^^^^ ^"^ ™^y ^ hiwM to and for the faid companv or
cert. corporation herein before eflablifhed and incorporated, from

time to time, in the manner herein after mentioned, to eleft,
choofe, and appoint one principal pafter or governor, two
other governors or wardens, ten examiners of furgeons, and

twenty

K 745*1 Anno decimo odavo Georgii IL c.i$. 3x9

tw^ity one perfons to be the court of affiftants of the faid com-
[KUiy or oorpontion, to be refpedively qualified and admitted
in fuch manner, and to continue in the faid offices refpedlively.
For fiich time and times refpedively, as by the by-laws, rules,
[>rdinance8, and conftitutions of the laid company or corpo-
ration, ihall be, from time to time, ordered, direded, provided,
ind appointed.

in. And it is hereby further enaAed, That it (hall and may Any two of
be lawful to and for the mafter and governors of the faid com- themafterand
psmy or corporation for the time being, or any two of them, governors,
with nine or more of the members of the faid court of afliftants J[J|^ m^'id
of the fame company for the time being, when and as often as couAs t^ ^
to two of the faid mafter and governors (hall ieem meet, to hold
courts and aflemblies, in order to treat and confult about and
concerning the rule, order, ftate, and government of the faid
company or corporation herein before eftablifhed and incorpo-
rated as aforefaid ; and alfo that it (hall and may be lawful to *"^ "JJ^* ^^^
and for the faid mafter and governors and court of aififtants fo *^''
aOembled, or the major part of them, to make, ordain, confti-
tute, eftabliih, ratify, confirm, annul, revoke, or abrogate, front
time to time, fuch by-laws, ordinances, rules, and conftitutions^
as to them (hall feem requifite, profitable, and convenient for
the regulation, government, and advantage of the faid company
or corporation ; fo as fuch by-laws, ordinances, rules, and con*
fiitutions be examined, approved of, and allowed, as by the laws
and ftatutes of this realm is provided and required.

IV. Provided always, and it is hereby enaAed and declared. By-laws' of the
That the feveral by-laws, ordinances, rules, and conftitutions, united corn-
made and eftablifhed for the regulation and government of the P^ny relating
iaid united company or corporation, fo far as the fame relate to j!^at^J2[

or concern the art and fcience of furgery only, and which, on '

the twenty third day of Jj^^^y one thouiand feven hundred and

forty five, fhall be lubfifting, and in force, and (hall not be re*

pealed, annulled, or abrogated by virtue of this prefent aft,

fhall continue and be in force -, and fhall be exercifed, obferv- until repealed

ed, and executed by the faid company of furgeons eftablifhed, ^^jjj*^

and incorporated by this a<5t, until fuch time and times refpec-

tively as the fame by-laws, ordinances, rules, and conftitutions

(hall refpedivelybe repealed, annulled, and made void, by vir->

tue and under the authority of this prefent a<5t,

V. Provided alfo, and it is hereby further enabled and declar-
ed, Thzt John Rimiji efquire, principal icrjeant furgeon to hisNamciofthe
Majefty, fhall be, and he is hereby confUtuted, and apnointed ^^'
principal mafter or governor ; and that mafter Jifiph Sandfori Wardens,
and IFiUiam Chefilden efopxmj two of the prefent wardens ot the

faid united company, fhall be, and they are hereby conflituted
and appointed, the two other governors or wardens of the com-
pany f^ furgeons made, eflabJifhed, and incorporated by this
ad ; and that they fhall continue in, and hold, enjoy, and ex«
ercife the faid offices refpedively from the Taid twenty fourth day
of Jwii^ until others fhall be eleded and appointed to the faidl
offices

320 Anno decitno oaavo GeoRGII II. c. 15. [1745*

offices refpeAivdy, as herein after is mentioned : and alfo thai
Examiners) Ambrofi Dickim efquire, principal feijeant furgeon to his Ma-
jedy, tftlUam Petty efquire, John Shipton efquire, the faid WiU
Ham Chefelden^ John Freke^ H^tlHam Pyliy Legard Sparham, James
Hides J and Peter Saintbill^ who are the prefent examiners of fur-
geons, together with the faid John Ranby^ (hall be, and they are
hereby condituted and appointed examiners of furgeons for the
faid company of furgeons made, edablifhed, and incorporated by
this a<5t \ and that they (ball refpedively continue in, and hold,
enjoy, and exercife the faid office of examiners for and during
their natural lives refpe(5Uvely, or until they (hall be refpe^ve-
]y removed out of the faid o(nce, purfuant, and according to the
by-laws, rules, and conftitutions of the (aid company or corpo-
ration ot fur|eons eftabli(hed and incorporated by this a6t: and
andcourtofaf- ^^^ ^^^^ ^^^ **'^ J^^^ Ranby^ Jofepb Sandford^ fPWiam Che/elden,
fiftanu. Ambrofi DiekinSj fVtUiam JPetty^ and John Shipton^ John Htt^

ipardf the faid John Freke^ fVilliam Pyle^ Legard Sparhantj Jams
Hickesy and Peter Sainthilly Noah Rouljjohn fVeJibrooky fTilSam
Singleton^ ^nd James Phillips^ and fuch five other perfons as ffiatt
hereafter be dented and appointed for that purpofe, in purfu-
ance of this ad, and as is herein after mentioned, (hall be, and
they are hereby conftituted and appointed the court of affi(fauits
of the company of furgeons made, eftabli(hed and incorporated
by this ad; and that they (hall continue in, and hold, enjoy,
«nd,exercife the faid office during their natural lives refpedtivdy,
or until they (hall refpedtively be removed out of the faid office,
purfuant and according to the by-laws, rules, and condituticms
of the fame company.
Mafter, &c. VI. And it is hereby further enaded. That It (hall and may
to niect on fee lawful to and for the faid John Ranby^ Jofeph Sandford^ fTiL
July 1, 1745. jiam Che/eldeny Ambrofe Dickins, miliam Petty, John Shiptsn,
JohnHaywardy John Freke, William PyUy Legard Sparham, James
Hickesj Peter Sainthillj Noah Roul, John ffyibrook, miUam Shn
gleton, and James Phillips^ to meet at or in fuch place as the
^d John Ranbyy Jofepb Sandford^ and William Cbefeldiny or any
two of them, (hall appoint, on the firft day of July one thou-
fand feven hundred and forty five, between the hours of ten
to compleat and two of the clock of the fame day ; and then and there to
thecourtof eleit, choofc, and appoint, out of the freemen of the faid
t^numbcr of company or corporation of furgeons e(lahli(hed and incorporat-
of II. ^ W ^^^^ ^^9 ^y ^'^^ majority of votes of fuch of the faid fix*

teen perfons herein before appointed to be of the court of affit
tants, who (hall be prefent at fuch meeting, fo many other per-
fons to be of the court of affiftants of the fame company or cor-
poration, as will make the number twenty one, to continue in
the faid office for and during their natural lives refpedivdy, or
until they (hall be refpeAIvely recnoved out of the (aid office.
Annual meet- VII. And it is further enaded, iThat the mafter, governors,
iiji to choofc jyjj coyxn of affiftants for the time being, of the (aid company of
'>fficcn. furgeons, made, eftabli(hed, and incorporated by this aa^ (hall

upon the firft tburfday in the. month dtjulyf in the yoar one

tfapufand

01

i745-T Anno dedmb oAaVo GEORGitir. c. i^; 32%

thourahd feven hundred and forty fix ; and on the firft ThurfdM
in the month of July in every fuccfeeding year, meet at iuch
place a^ the ihafter and governors of the fame company for thei
time being, or any twcf of them, (hall appoint ; and then and
there elefl, choofe, and appoint, out of their body, by the ma-
jority of votes of fuch of the faid thafter, governors, and court of
afliflants, who (hall be then prefent, one perfon to be principal
mafter or governor, and two other perfons to be governors or
wardens of the (aid company or corporation of furgeons, efta-
bli(hed and incorporated by this a<St, for the then fucceeding
year ; and then and there alfo, in like mannei', eledt, choofe^
and appoint, out of their own body, fuch other perfon or per-
fons, to be examiner or examiners of furgeons, for the bmt
company, in the place or (lead of fuch examiner, or examiners^
as (hall have happened to die, or have been removed from the
laid office of examiner, in the then next preceding year.; and
alfo in like manner, eled, choofe, and appoint, out of th6
freemen of the faid company or corporation of furgeons efta-
bli(hed and incorporated by this adt, fuch perfon or perfons x,6 «
be of the court of adiftants of the fame company or corporation,
in the place and (lead of fuch perfon or perfons who (nail have
happened to die in, or have been removed from, the faid ofHcd
of court of adiftants, in the then next preceding year.

Viri. And it is hereby further enadled. That the faid compa- Cotftpatiyof
ny of furgeons made> eftabli(hed, and incorporated by this a6l^ furgeons to
and their fucce(rors, and all perfons who (hall be freemen of the enjoy theiamd
iame company or corporation, (hall and may, from time to time, pnvilcjgcs,&c.
and at all times for ever hereafter, have, hold, and enjoy all ^a^^^^^
and every fuch and the fame liberties, privileges, francbifes, patent,
powers, and authorities, as the members of the faid united com-
pany^ or corporation, being freemen of the faid company, and
admitted and approved furgeons, within the rules of the faid
company and corporation, could or mi^ht refpedlively have had^
held, and enjoyed, by virtue of the faid recited a£t of union or
ncorporation, and the faid letters patent of his faid late, majefty
fCing Charles the Firft refpedtively, and other the royal grants,
diarters, and patents, therein mentioned and referred to, fo far as
be fame relate to the art or fcience of furgery only, and not
>therwife ; and that in as full, ample, and beneficial manner,
o all intents and purpofes, as if the fame had in and by this
>refent a6l, been exprefly repeated and re-ena£ted ; and that
:hey^ and all fuch who already have been, or h^re^fter (hall
^e^ examined and approved, purfuant to the rules of the faid
xnnpany, (hall be entitled to pradife freely, and without re«
Iraint, the art and fcience of fdrgery, throughout all and every
lis Majefty's dominions; aily law or cudom to the contrary
iotwithftanding.

IX, And it is hereby further enadted. That froin and after Czn^dztet to
the fiiid firft day of Jufyy one thoufand feven hundred and forty ferve as for*
five, the examiners of the company of furgeons eftabH(hed by geontormatet
this adt fhall, and they are hereby required, from time to time, of regiments,

V01..XVUI. . - Y "PO«£in'Sl^**'

322 Anno decimo o£Uvo Georoii IL c. 15; ri74S«

upon requeft to t|iem inade» to exauniQe every pcrfcm who (hall
be a candidate to be appointed to ferve as a.furgeon, a furgeon's
mate, of any rceiqient, troop, company, hofpiul» or rarnlbnof
foldiers in the fervice of his Mai^y, his heirs> or lucoeflbrii
in like manner as they do or (hall examine any furgeon or fur-
eeons to be appointed to ferve on board any (hip or veflU in the
tervice of his Majeftv, his heirs or fucceflbrs.
Siygcons ex- x. And it is hereby further enadled by the authority afinc-
pTff w!^? ^^^^f That all and every perfon and perfons, bein^ freemen of
and leet of-' the (aid company and corporation of furgeons eftahli(hed and in-
fices, and corporated by tnis a6l, and who already have been, or hereafter
iuhes. (hall be, examined and approved purfuant to the rules and or-

ders of the faid company, and every of them, for fo long time
as he and they (haH ute and exercife the faid art or fcienceof
furgery, and no longer, (hall and may, at all times hereafter,
be freed and exempted from the feveral offices of conftable, (b-
venger, overfeer of the poor, and all other pari(h, wvrd, and
leet offices, and of and from the being put into or ferving upon
any jury or inqueft : and if at any time hereafter, any fuch per-
fon or perfons, ufing and pradlifing the faid art or fcience of
furgery, and being qualified as aforefaid, (hall be chofen and
de^ed into any of the faid offices, or returned, required^ or
appointed to ferve on any jury, leet, or inqueft, or.be difquieted
or diflurbed by reafon thereof ; that then fuch perfon or jperfoos,
producing a teftiiponlal, under the common feal of the laid cor-
poration, of fuch his examination, approbation, and freedom,
to the perfon or perfons by whom he (hall be fo eleAed or ap-
pointed, or by or before whom he (hall be fummoned, returned,
or required to ferve or hold any of the faid offices or dudes, (haU
be ablolutely difcharged from the (ame ; and. fuch nomination,
election, return, and appointment, (hall be utterly void, and of
no eSe& ; any order, cuftom, law, or (latute to the contrary
in any wife notwithftanding.
Tliis aft not XL Provided always, and be it hereby enaAed by the au-
to prejudice thority aforefaidi Tha^ this a6t, or any thing therein contained,
the prefident, (hall not extend, or be con(b"ued or taken to prejudice, abridge,
^pSyh^^s, ^^ infringe any of the privileges, authorities, powers, rigbts/li^
London. * berties, or franchifes heretotore granted by any a<5t or a£h of
parliament, or by any letters patents, charters or charter of any
of his Majefty's royal predeceilbrs. Kings or Queens of Erngbmi^
to the prefident and college, or commonalty, of the faculty of
phyfick in London.
Freemen of XII. And it is hereby further ena£led by the authority afore*
the united faid. That fuch of the members of the faid united company or
company, rtot corporation, who are freemen of the faid company, anc^ are not
admitted fur- admitted or approved furgeons, and their fucceflbrs, (hall, from
porated^^'^ and after the faid twenty fourth day oijunty one thoufiuid (even
hundred and forty five, be, and they are hereby made and con-
(lituted, a body corporate, and commonalty perpetual^ whicht
lindera di€e. >t all times hereafter (hall be called by the name of The m4fi(r%
rem name j govitnors^ ^iommonaUy of the myjlery of barbsrs ^London j and,

by

1745*1 ^^^^ dedtto o£UV6 Gboroii U^ c« t$. 323

by the fiunt name (hall {»lead and be impleaded before all man-
ner of juftices^ in all courts^ and in all manner of adions and
fuiu ; and alfo purchafe^ enjofy^ and take to them, and their may enjoy a
fuoceflbrs, any lands, tendments^ rents, or hereditaments, nof^^^no^ «^-
exceeding the yearly rent or value of two hundred pounds in^^^^^ *®®**
the whole j without incurring any of the penalties or forfeitures'^
of the ftatates of liiortmain.

XIIL And it is hereby further enaded by the authority afore- Names of the
(aidy That mafter Jonathan Medley^ the prefent firft mafter or go- mAfter, Uc.
vemor of the laid united company or corporation, and mafter of thecora-
Humpbrty Negus^ the prefent third mafter or governor of the faid ^^^|f loo.
united company, and fuch two other perfons as fliall hereafter ijon.
be eled^ and appointed for that purpofe, in purfuance of this
B&, and as is herein after mentioned, (hall be, and they are
hereby refpeSively eftablifhed and confirmed the mafter and
governors of the company or corporation of barbers of Londm^
eftablifhed and incorporated by this aft; and (hall continue in,
and hold, exercife, and enjoy the (aid offices refpeAively, until
others (hall be chofen, elefted, and appointed in and to the
(ame offices reipedUvely, purfuant and according to the by-laws^
rules, orders, aind constitutions of the (ame company ; and alfo,
that the £iid Jonathan Medley^ Humphrey NeguSy and William
ParltTy Luke Mauriu^ John Barnwell^ John Truelove^ IViUiam
Haddony John NeguSj Edward Boxley^ Samuel Ratter j Robert
Scroobyy Richard Swithiiiy Edward Cjleiecij Togarmah Jones^ and
John Guemeyy being fifteen of the prefent court of auiftants of
the laid united company, and fuch nine other perfons as (hall
hereafter be elefled and appointed for that purpofe, in purfuance
of this aft, and as is herein after mentioned, (hall be, and tMcy
are hereby conftituted and appointed the court of afliftants of
the company of barbers, made, eftablifhed, and incorporated
by this aft; and (halL continue in, and hold, enjoy, and exer-
cife the £iid office during their natural lives refpeftively, or un-
til they (hall be refpeftively removed out of the laid omce, pur-
fuant and according to the faid by-laws, rules, ordinances, and
conftitutions of the £iid company of barbers of London.

XIV. And it is hereby further enaft^d. That it (hall and Time uil
may be lawful to and for the faid Jonathan Medley y Humphrey ^^^^^ of vaett*
NeguSy tVilRam Parker^ Luke Mauricoy John Barnwelly. John ^*^'
Truekvey William Haddon^ John NeguSy Edward Boxley^ Samuel
Rutter, Robert Scroofyy Ru/iard Swithiuy Edward Colebeck, Togar^
mab JomSy and John Guerneyy or the major part of them^ to
meet at or in the Kail now belonging: to the (aid united com-
pany, fiiuate in MonhLveilJireet in the eity of Londony on the
twenty fifth day of Jane^ one thoufand feven hundred and forty
five, oetwecn the hours of -nine in the morning and one in the
afternoon of the fame dav, and then and thereto eleft, choofe,
and appoint out of the freedom of the faid company or corpo-
ration of the barbers of London, enablifhed and incorporated
by this aft, by the majority of the votes of fuch of the f^idtomtkeop
fifteen perfons laft mentioned, who (hall be prefent at fuch th^covtrt of

Y 2 meeting, aififtants of

314 -^^^ decimo ofUvo GsoRGii II. c. 15, Ci745<

the barbers mcetint;, (b many other perfons to be of the faid court of aflift-
company, the ^^^^ otthc faid company or corporation of the barbers of LcH'
number Hi j^^^ ^^ ^jjj mji^g i^^ number twenty four, to continue in the
faid office refpe<£liveiy for and during their natural lives, or un-
til they (hail be refpedlively removed out of the faid office ; and
alfo that immediately after fuch court of affiftants (hall be made
up the faid number of twenty four perfons, the faid court of
aOiftants (hall then and there, by the majority of votes of fuch
and to e\c€t of the faid court of affiftants, as (hall be then prefent, t\e&y
the third and choofe, and appoint, from among themfelves, two perfons, to
fourth govcr* b^ |h^ ihJrd and fourth governors of the faid company or cor-
"^"* poration of the barbers of London^ to continue in, hold, exercife,

and enjoy, the faid offices refpedtively as aforefaid.
Any two of XV. And it is hereby further enabled, That it (hall and
the matter and may be lawful for the mafter and governors for the tinie being
governors, of the faid company or corporation of barbers, or any two or
^*t^ mTvhold ^^^^ ^^ them, with eleven or more of the members of the faid
courts} court of affi(hnt8 for the time being, when and as often as to

two or more of the (aid mafter and governors (hall (eem meet,
to hold courts or aflemblies at or in the hall of the fiiid com-
pany for the time being, in order to treat and confult about the
rule, (late, order, and government of the (aid company or cor-
and make or poration of barbers ; and alfo that it (hall and may be lawful to
iI^^UqI and for the (aid mafter and governors, ai)d court of a(riftants, fo
^** a(rembled, or the major part of them, to make, conftitute, or-

dain, eftabli(h, ratifv, and con(irm all or any fuch by-laws, or-
dinances, rules, and conftitutions, as to them (hall leem requi-
fite, proper, or convenient for the regulation, government,
profit, or advantage of the faid company or corporation of the
barbers of London^ and the members thereof, and the fame, firom
time to time, to alter or repeal ; fo as the by-laws^ ordinances,
rules, and conftitutions fo to be made and eftAUfted, (hall be
examined, approved, and allowed of, as by tHHaws and fta-
tutes of this realm is provided and required.
By laws of the XVI. Provided always, and it is hereby enadied and declared,
unitea com- That the feveral by-laws, ordinances, rules, and conftitutfons,
&'m^ toVorl '"^^^ ^^^ eftablifhed for the regulation and government of the
geryfconti-* '^'^ united company or corporation, fo far as the fame do not
^ued J relate to or coocern the art or fcience of furgcry, and which, on

the faid twenty third da^ of Junej (hall ht fubfifting and in
force, and (hall not be repealed, annulled, or abrogated, by
virtue of this prefent adl, (hall continue and be in force, and
(hall be exercifed, obferved, and executed by the faid company
of barbers eftablifhed and incorporated by this a(5t, until fuch
until repealed ^'"^^ ^"^ i\tc\^s refpedlively as the fame by-laws, ordinances,
by virtue of r^J^s, and conftitutions, ftiall refpeclively be repealed, annulled,
this aa. and made void, by virtue and under the authority of this pre-

fent adl.
Matter and XVII. And it is hereby further enadled by the authority

governors aforefaid. That the mafter and governors of the faid company
when- and by ^^ corporation of barbers of Loudou (hall be yearly elected and

chofcn

J745'l Anno decimo oflavo GxoROii II* c. 15. 325

chofen on the fecond Thurfday in Augujl^ by the court of afltft- whom to be
ants, or the major part of them, or in fuch manner as by the c^of«»i
by-laws, rules, orders, and conftitutions of the fame company
or corporation (hall be ordained or provided ; and that when Member of
and as often as any member of the faid court of afliftants of the the court of
faid company of barbers (hall happen to die, or be removed, it afliftanu dy-
fhall and may be lawful to and for the furviving members of the J^moved "o
faid court of affiftants, or the major part of them, to nominate be fupplied.
and eled one other perfon, being a freeman of the fame com-
panv, to be a member of the faid court of afliftants, in the room
of tne perfon fo deceafed or removed; and the perfon fo nomi-
nated or eleded (hall continue in, hold, and exercife the faid
office for and during his. natural life, or until he (hall be re«
moved out of the fame.

XVIIL And it is hereby further enadled by the authority Company of
aforefaid. That the matter, governors, and commonalty of the ^^'^^^^^^
myftery of barbers of London^ hereby made, eftabli(hed, and Sivlkew'to.
incorporated a& aforefaid, and their (ucceflbrs, and all perfons as befml'ex.
who (hall be free of the fame company or corporation, (hall and cept in fur-
may, from time to time, and at ail times for ever hereafter, 8^*7-
have, hold, and enjoy, all and every fuch and the fame liber-
ties, privileges, franchifes, powers, and authorities, as the faid
united company or corporation, with refpe<5t to every thing but
furgery, and the members of the faid united company, occu-
pying the feat or craft of barbery or (having, could or might
refpedively have had, held, and enjoyed by virtue of the Uid
recited adt of union or incorporation, and letters patents of his
late majefty King Charles the FirA, and other the royal grants,
charters, and patents therein refpe6lively mentioned and referred
to, fo far as the fame do not concern or relate to the art and
fcience of furcery ; and that in as full, ample, and bepeficial
manner, to all intents and purpofes, as if the fame had been
expreilv repeated, fet down^ and enadted in and by this pre-
fent aa.

XIX, And it is hereby further enacted by the authority afore- Gift of 5101.
faid. That the fum of ttve hundred and ten pounds now vefted and ^^no^
in the faid united company, and which was given and paid to ^^I^L' f^!l^
the faid united company by Edward Arris j for the ufe of the Jj^, com^yi
pubiick anatomy lectures on the mufcles, and alfo the annuity
or yearly rent-cnar^e of iixteen pounds given to the (aid united
company by the will of John Gale gentleman, for one anatomy
leifture, by the name of Galis anatomy, and charged upon cer-
tain mefluages and tenements at Snow Hill^ in the parifh of
Saint Sepulchre^ without Newgate^ London^ (hall from and after
the faid twenty fourth dav of June^ one thoufand feven hun-
dred and forty five, be vefted in, and be deemed the fole pro-
perty, eftate, and effects of the faid company and corporation
cf (urgeons eftablifhed and incorporated by this a(5l ; and that to be paid to
the faid fum of five hundred and ten pounds be accordingly paid them by the
by the faid company or corporation of barbers of London^ out of ******^'"* «°"*-
the eftate and cffc^s of and now belonging 10 the faid united P^^*

Y 3 company

J26 Anno itdfM odave Gbqrgh II^ c. i 5» C'745.

compapy or corporatioDt within three months next gfter the
Aiil twenty (outth fi^y o^ June ; %nd that the faid fum oF fife
hundred and ten pounds, and the faid annuity or yearly rent-
charge of (ixteen pounds pn annum^ (hall be held and enjoyed
by the faid company of furgeons eibbliftied by this a£t, upoa
truft, to be applied and difpofed of for the purpofes intended by
the donors thereof refpedUvely ; and that from and after the
payment of the faid five hundred and ten pounds by the faid
company, of barbers to the faid company or furgeons, they the
faid m;((ter, governors, and commonalty of the myftery or bar-
bers of London^ and their fucceflbrs, (hall for ever be diicharged
pf and fi-om the faid fum or gift of five hundred and ten pounds,
^nd every part there^, and of and from the faid annuity or gift
of (ixteen pounds pir annum^ and every part thereof, and of
•fid held in ^"^ ^^^ ^" duties and trufts in refpcdt of the faid gifts, or
tmft for the either of them ; and (hall, from time to time, be faved harm-
porporet in- lefs, and kept indemnified, by the faid company of furgeons,
^ded by the of, from, and a^inft the fame, and all a<£tions, fuits, charges,
.donors. ^^^ cxpcnces which they the faid mafter, governors, and com-

pionalty of the myftery of barbers of Lwdcn^ or their fuccefim,
(hall or may, from time to time, be put unto or fuftain on ac«
count thereof; and that all the reft and refidue of the real and
perfonal eftate and efre<fls of and belonging to the faid united
company or corporation, and the arms or en(igns armorial of
the lame company or corporation, (hall, from and after the faid
twenty fourth day of Juniy one thoufand feven hundred aod
forty five, be vefted in, and the fame are hereby from thence-
forth vefted in the faid company or corporation of barben of
London, and their fucceftbrs, to and for their own fole and fe-
parate ufe and benefit, for ever,
Bocks.papcr?, XX. And it is hereby further enadcd by the authority afore-
ii.c, belonging faid. That fuch of the books, papers, and writings which now
to tlic unitccT belong to the faid united company of barbers and furgeons, and
rclaimg^to*" relatp to, or concern the furgeons or furgcry only, (hall imme-
lurgeoniorjly, diatety after the faid firft day of jfuly, one thoufand (even hun-
10 be deliver- dred and forty five, be delivered by the faid company of bar*
ed to them, bers, eftablKhed and incorporated by this aft, to the matter,
and governors, and court of affiftants, of the faid company di
furgeons eftabliflied and incorporated by thi^aft, or fuch other
perfon or perfons as they, or the major part of them, (hall, by
writing under their hands, appoint to receive the fame, for the
AH other ^^^ ^^^ benefit of the faid company of furgeons : and that the
books, &c. maftcr, governors, ai)d court of aflfiftants, of the fame company
inavbcin- of furgeons, or any of them, or fuch other perfon or perfons
fiirtcons^ as they, or the major part of them, (liall, by writing under their
^ ' hands, appoint, (hall and may, from time to time, and at all
feafonable times, upon reafonable notice, from and after the
faid hrft day of Ju)y^ one thoufand feven hundred and forty
fiv^, have free accefs to, and liberty to infpc^fl and perufe, in
the hands of fuch perfon or perfons as the faid company of bar-
))ers (hall appoint to have the care and cu(lo(ly thereof, all the

.1745-3 Anno dedmo odavo Georgii II. c. i5, 17. 327

reft d the books» papers, and writings, and allb all the charters
and deeds ^rtiicb now helow to tm iaid unit^ company of
barbers and furgeons; and, from time to time, to take fuch *nd copies
copies or extrads of or fimn the fame, or any oi them, as the ^^^^i
laid mafter, governors, and court of affiftants, of die faid com-
ptanv of furgeons, or the major part of them, or foch other
perion or perfons fo to be appointed as aforefaid, (hall, from
time to time, deike or require ; and alio that the (aid company faid bo6ks,&c.
of barbers (hall, from time to time, and at all times, upon rea- ^^ produc-
fonable notice, from and after the faid firft day of Jtdj^y produce ^^ ^^^
the faid laft mentioned lxx>ks, papers, writings, charters, and "* *
deeds, or any of them, at the expence of the faid company o(
furgeons, npon any trial at law, or hearing in equity, or exa-
minarion of witneues, or otherwiie, where the £iid company of
fuigeons (hall have occafion to make ufe thereof, or of any of
them, and permit the (aid company of furgeons to make ule of
the (ame accordingly.

XXI. Provided always, and it is hereby further enaded by Apprentices
the authority aforefaid. That every perfoti who hath been bound cntiried to
apprentice to any member of the laid united company, and, by 5/forcr **
the Jaws or cu(n>m of the city of Lowhrij or otberwife, is or

would be intitled to his freedom of the faid united company,
and to the freedom of the faid city, in cafe this prefent a£t had
never been made, (hall be intitled and admitted to his freedom
in the faid company or corporation of furgeons, if his mafter is
or was an examined furgeon, or dfe to his freedom in the faid
company of barbers ; and in cither cafe fliall be intitled and ad*
mitted to his freedom of the faid city of London \ any law,
u(age, or coftom to the contrary thereof in any wife notwith-
ftandine.

XXII. And be it further enaAed by the authority aforefaid, Publick a^
That this adl (hall be deemed, adjudged, and taken to be a pub-

fa'ck ad; and be judicially taken notice of as fuch by all judges,
jaftices, and other perfons whatfoever, without fpecially plead*
ing the fame.

CAP. XVI.

An aft to repair the road leading from Tadcafter Bridge within the
county of toe city of York, to a place near the (aid dty^calied Hob-
jnoor Lane End, x^j

TpUs granted fmr % i jtm't. /?> 3^

CAP. xvu. %wA

jln aHfor giving a publick reward to fuch perfimar perfons^
bis Majejlfs fubjeR orfubjeSls^ as jhall difcavtr a north
vteft paffage through Hudlbn's StreightSo to the weftern
andfouthem ocean of America.

WHEREAS the di/covering a north weji paffage through
Hudfon's Streights, to the weftern American ocean^ will be
of great benefit and advantage to the trade of this kingdom •• and
whereas it will be a great encouragement to adventurers to attempt

Y 4 the

329

['745.

CQveringa
north weft
paffige.

Commiffion-
ert for the
difcovcry;

Anno decimo oSavo G£0&6ii IT. t.iy.

ibffami^ ifapuHici reward was givifi Upuh pnfan «r ferfma a
Jball make a pirfeit difcovery of tbt faidpaffaji: may it thenfsre
pleafe your moft excellent Majefty that it may be enaAed; and
be it enaded by the King's moft excellent majefty, by and with
, . the advice and confent of the lords fpiritual and temporal, and
J^^^ ^* commons in this prefent parliament aflembled, and by the au-
the owner of thority of the lame. That if anv fliip or veflel, ftiips or veflels,
the veiTcl dif- belonging to any of his Majefty's fubjeds, (hall find out and
fail through any paflag^ by fea between Hudforfs Bay and the
weftem and fouthem ocean of Ammca^ the owner or owners of
fuch ftiip or (hips, veflel or vefTels, as aforefaid, fo firft finding
out and failing throueh the faid pai&ge, his or their executors,
adminiftrators, or ^(ugns, (hal{ be intifled to receive, and (lull
receive, as a reward for fucb difcovery, the fum of twenty thou-
sand pounds.

. 11. And, in order to afcertain who are the firft di(coverers of
the faid paflage, and to whom the reward hereby given does of
right belong ; be it further enaded by the authority aforefaid,
That the lord high chancellor of Gnat Britain for the time be*
ing, the lord prefident of his Maieftv's moft honourable [nrivy
council for the time being, the lord privv feal for the time
being, the lord fteward of his Majefty s houlhold for the
time being, the lord chamberlain of his Majefty's hou(hold
for the time being, the lord high treafurer, or firft commits
fioner for executing the oilice of treafurer of his Majeft/s
exchequer for the time being, the lord high* admiral, or
firft commi(fioner for executing the office of lord high admiral
of Great Britain for the time ^ing, his Majefty's prindpd fe-
cretaries of ftate for the time being, the fpeaker of the honour-r
able houfe of commons for the time being, the chancellor and
under treafurer of his Majefty's exchequer for the time being,
the firft commiflioner for trade and plantations for the time be-
ing, the treafurer of his Majefty's navy for the time being, the
admirals of the red, white, and blue fquadrons for the time be*
impeveredto ing, be, and they are hereby appointed commiilioners for the
it|tamine the faid difcovery ; and are hereby authorized and impowered to
exacpine upon oath any perfon or perfons produced by the clai-
mant or claimants to (uch reward (which oath the faid cpmmif-
fioners, or any three or more of them, are hereby impowered
and required to adminifter) and the faid commiflioners, or the
major part of them, of which the lord }ii^h admiral, or the firft
commiflTioner for executing the office of lord high admiral of
Great Britain for the time being, (hall be one, being fully fatisr
fied, upon examination ;ind prcKif, that fiich patTage by fea is ef*
fe^qally dircovered* and failed through as aforefaid, are hereby
authorized and required to grant a certificate under their hands
and feals, to fuch perfon or perfons as they (hall judge are in-
f be perfon en titled to the fiime; which certificate (hall be produced to the
jitlcd. Jord high treafurer, or any three or more of the commi(rioners

of the treafury for the time being ; and the faid fum of twenty
|l^ufand pounds (hall \^ paid to fuch perfon or perfons as arc

namc4

j^mantt
IPltnefles;

grmn
ncatc

certificate to

1 745*1 ^^^^^^ dedmo ofttvo Georgji II. c. i 1 '329

named in the faid certificate, his or their executors, adtniniftra-
tors, or afligns^ oat of any of the aids or fupplies which (hall be
granted in parliament to his Majefty, his heirs, and fucceflbrs,
after the laid diicovery (hall be comjAeated, and the faid certi-
ficate thereof pnxluced as aforefaid.

III. And, as a further encouragement, and to promote the Adventurers
profecutine of and finding out fuch paflage ; be it further en- to be affifted
a<5ted by the authority aforefaid. That all perfons whatfoever, in diftrelt.
bein^ fubgeds of his Maje(^y, and refiding in any place where

the laid adventurers may come, in the profecution of the faid
dilcovery, (hall give the (aid adventurers all aid and affilhnce re-

auifite ; and that the faid perfons, being fubje£t:s as aforefaid,
lall no ways obftruA, moldft, or refufe the faid adventurers
reafonable fuccouTt in any di(farefs they may fall into, in the
profecuting fuch difcovery as aforefaid.

IV. Provided always, That nothing in this zA (hall any This aa not
ways extend, qr be conftrued to take away or prejudice any of to prejudice
the e(bte, rights, or privileges of or belonging to the gover-^*"^°*P*°y
nor and company of adventurers of England traamg into i&^'taim^H!u|-
frits Bay. fon'iBty.

CAP. XVIU.

jIn oB to explain and amend the laws touching the ele^ns
of knights ofthejhhre to ferve in parliament for that part
r/ Great Briutin called En^and.

T7^ H £ R E A S feveral dsld^s and incomjeniehcies have arifen in
^ ^ ile^ions of knights of fbires to ferve in parliament^ to the
great trouble and expence of the candidates and ele^ors j for remedy
hereof, be it enaded by the King's moft excellent majefty, by
and with the advice and confent of the lords fpiritual and tem-
poral, and commons, in this prt(ent parliament a(rembled, and
by the authority of the fame. That tirom and after the twenty
fourth day of junC', one thoufand feven hundred and forty five^
upon every ele<Stion to be made within that part of Great Bri-
tain called England^ or dominion of WaUs^ of any knight or
knigjhts of the (hire to ferve in parliament, every freeholder, in-
ftead of the oath or affirmation prefcribed to be taken by an adt
of parliament made in the tenth year of the reign of ncr late
majefty Queen Anne^ intituled, Jn a£i for the more effectual pre- Inflead of the
venting fraudulent conveyances^ in order to multiply votes for elt^ing^^^f '^
Jtnights of Jbires to ferve in parliament^ before he is admitted tOj^n^^Jj^'^jj^*
poU at the faid eledUon, (hall (if required by the candidates, or pointed for
any of them, or any other perfon having a right to vote at the freeholders.
laid elciftion) firft take the oath (or being one of the people call-
ed ^uakers^ the folemn affirmation) following ^ videlicet^

YOU flkill fwcar (ox being one of the people called ^ahrs^^^^^ ^^^y^
you (hall folcmnly affirm) that you are a freeholder in the
fWity of and have a freehold ejhte^ lon/ifting of

(fpccifying the nature of fuch freehold eftate,

whether

330 Anno declmo o^vo Georgii II. c» it. [1745.

whether inelSjage» land, rent, tythe, or what eUe $ and if Aidi
freehold eftate confifts in inefluages, Iand9» or tydies, then
^;>ecifying in wbofe occupation the fame are; and if in rent,
dien fpecifying the names of the owners or pofleflbrs of the
lands or tenements, out of which fuch rent is ifluingf or of towt
or one c^ them) lying pr ^i/y ai in the county $f

if the cUar yearly vaba of forty /billings, over mi
ab9Vi aU rents and charges paynble ent ^ or in refpeH rftbe fame ;
and that yeu have been in the a^ual pojeffion or receipt iff the rents
end profits thereof for yoitr own ufe^ above twelve h^eur mentbs,
or toot the fame came to yeu^ witUn the time aforefaii^ by defcealtj
marriage^ marriage fettlement, devift^ er promotion to a benefice in 0
churchy or by promotion to an office ; imd that fuch frHhoUeflate has
not been grantedor made to youfrmtdulentfy^ on pwrpefe to fnaUfyyoo
to give your vote ; and that the place of your abode is at

in and that you are tumtty one years ofage^ as

you believei and that you have not been polled before at this ebaion.

By wbom to Which oath (or folemn affirmation) the Sheriff by himfelf, his

be idmini. under (herifF, or fuch fworn clerk or clerks, as fliall be by him

iler*d. appointed for the taking of the poll, is hereby required to ad-

minifter : and in cafe any freeholder or other perfon taking the

£iid oath or affirmation hereby appointed, ihaU thereby commit

wilful peijury, and be thereof conviAed ; and if any pcdbndo

unlawfully and corruptly procure or fubom any freeholder, or

other perfon, to take the faid oath or affirmation^ in order to

be polled, whereby he fhall commit fuch wilful periury, and

(hail be thereof convided, he and they, for every fuch offence,

(hall incur fuch pains and penalties as are in and by two a£ls of

parliament, the one made in the fifth year of the reign of the late

Penalty of Queen Elizabeth, intituled, ytn aff for puntjhing Juch perfons as

perjury, or Jhall procure or commit wilful perjury^ or fubom or procure ant per-

and 1 Geo. ^-Jubornation tf perjury ; and to make it felony tojleal bonds, notes, or

^' *5* other fecuritus for payment of money, contrary to the faid afts.

aaufet re- '^* ^''^ whereas by the faid a£t made in the tenth year of the reign

pealed of 10 of her late majefly ^een Anne, // is enaSled as follows-, videlicet,

Ann«, c. %i. That from and after the firfl day of Mzy^ which was in the year of

fcft. a. 0ur Lord one ihoufandfsven hundred and twelve, no perfon /hall vote

for the dealing of any knight of a Jhire within that part #/* Great

Britain called ^nghnd, in refpeSl or in right of any lands or tem*

ments which have not been charged or ajfeffed to the publick taxes,

church rates, andparijh duties, in fuch proportion as other lands or

tenements of forty Jhillings per annum, %\>ithin the fame pari/b or

townjlnp wherein the fame fl)all lie or be, are ujually charged: and

whereas by an a£l ofparliatnent made in the twelfth year, of the rage

of her faid late majefly .^een Anne, for explaining the faid recited

pnd 11 Annx,claufe, it is enaSiea, That the faid a5i, or any thing therein contained,

frir. |. p. 5- /ball not fxteffd^ or be cpnjlrfifd to rejhrain any perfon from voting in

^T^S^i . AjmodadmooftsroGsoRGXiIL c.i8« 33s

%cb ili^M rfany kmgbtjfa JUrg within that part ^ Great Bri-
ain cailid England, in rijpi& 9r in right of any nnts^ tjthes er ether
mcorfonal iMgritanas^ $r any nuffitages or lands in extraparochial
blaus^ tr any thambtn in iht inns of court or inns d/ Chancery, or
2ny nuffnagis tr fiats Monging to any offices^ in ngard or by reafon
that thifami havi not been ufualh charged or ajfejfed to all or any the
puklick taxes J church rates ^ ana parijb duties y as mentioned in the
above recited a^^ or in reffeSt or right of any other meffuages or lands
net herein before fpedfieiy in regard or by reafon that the fame have
net been ufueuly charged or afjiffed to aU and every the publick taxes ^

eof

. , ... w/-

fiiages or lands of forty /billings per annum, in the fame pariff) or
townfiip where the fame Jball He or bft^ are ufuaUy charged to the fame ; ^ ^^ ^^
be it enabled by the authority aforeraid. That fo much of the pes£d^
laid recited adt as difables any perfon to vote for knights of
Aires, in refpeA or in right of any lands or tenements which
have nof been charged or aflefled as therein mentioned, (hall,
^om and after the faid twenty fourth day of June^ be, and is
hereby repealed.

III, Pkx>vided always. That from and after the faid twenty ,j-^^
fourth day oijune^ no perfon (hall vote f9r the eleding of a knight ^*a!H^
or knights of the (hire to ferve in parliament within that part of ^
Great Britain called England^ or the principality of ffTiles^ in re-

fped or in right of any me(Ria?es, lands, or tenem^ts, which
bave not been charged or afleiwd towards fome aid granted, or
hereafter to be granted to his Majefty, his heirs, or fucce(rors,
by a land tax in Great Britain^ twelve kalendar months next
before fuch eledtion.

IV. Provided alfo. That this a£l, or any thing therein con-^xceptieafor
t:^ed, (hall not extend, or be conftrued to reftrain any perfon voting in
from voting in any fuch eledion of any kniebt or knights of a "fl^t of
(hire within that part of Great Britain czWcd England^ or pnn-^^^^^*^^
pipality of fFaleSy in refpeA or in right of any rents, or any ^
chambers in the inns of court or inns of Chancery^ or any mef-
fuages or feats belonging to any offices, in regard or by reafon

that the fame have not ^en ufually charged or aflefled to the aid
commonly called The Land Tax ; and that the aAing commif- Duplicate of
iioners of the land-tax for the time being, or any three or more !fe^Jli?!L
of them, at their meetings for the refpedtive divifions, (hall (ign JcjiepMu
and feal one other duplicate of the copies of the refbeAive afl^- moog the re-
men ts to be delivered to them by the feveral afleffors, after all cords of the
appeals determined^ and the fame to deliver, or caufe to be de« fcflionsj
livcred, to the clerks of the peace for their refpedtive counties,
to be by them kept amongft the records of the feflions, to
which all perfon^ may refort at all feafbnable times, and in-
fpe<5l the fame, paying fix pence for fuch infpedtion ; and the tQ be infpeft-
faid clerks of the peace, or their deputies, are hereby required ed,
for. h with to give copies of the faid duplicates, or any pa(it there-
of, to any fuch perfon or perfons who (hall require the (ame^ ^S^"^

paying^***

332 Anno dedmo o£):avo Gboroii II* C. i 9. [ 1745.

paying after the rate of fix pence for every three hundred wordi^
and (b in proportion for any greater or lefler number.
Further qua- V. And be it further ena<5ted by the authority aforelaid. That
lifications of .from after the faid twenty fourth day of June^ onethoufandfe-
elcdlon. y^j^ hundred and forty five, no perfon ftiall vote in any fuch c-

]e<5tion» without having a freehold eftate in the county tor which
he votes, of the clear yearly value of forty (hillings, over and
above all rents and charges payable out of or in refpeA of the
fame, or without having been in the a(5hial poiTeffion, or in re-
ceipt of the rents and profits thereof, for his own ufe, abor^i.
twelve kalendar months, unlefs the fame came to him within'
the time aforefaid, by defcent, marriage, marriage fettlement,
devife, or promotion to any benefice in any church, or by pro-
motion to an office, or (hall vote in refped or in right of any
freehold eftate, which was made or granted to him fraudulently,
on purpofe to qualify him to give his vote, or (hall vote more
than once at the fame election : and if any perfon (hall vote in
any fuch eledlion, contrary to the true intent and meanii^
hereof, he (hall forfeit to any candidate for whom fuch vote
(hall not have been given, and who (ball fir(t fue for the famcj
penalty of 40I. the fum of forty pounds, to be recovered by him or them, his or
their executors or admini(trators, together with full cofts of fuit,
by aclion of debt, in any of his Majefty's courts of record at
fyiftminjlefy wherein no eiToin, prote<5tion, wager of law,, privi-
lege, or imparlance, (hall be admitted or allowed ; and in every
fuch a<5tioi\t the proof (hall lie on fuch perfon i^inft whom
the fame was brought, unlefs the fadt, on which fuch adHoa,
is grounded, be the having polled more than once at the fame
eleaion.
NopubHck VI. And be it declared by the authority afore(aid. That no

tax to be publick or parliamentary tax, county, church, or pari(h rate, or
deerned a duty^ or any other tax, rate, or aflenmcnt whatfoever, to be af-
f ^*^ld" * ^^ ^^ levied upon any county, divifion, rape, lathe, wapen-
take, ward, or hundred, is or (hall be deemed or conftrued to be
any charge, payable out of or in refpcA of any freehold eflate,
within the meaning and intention of this adV, or of the oath or
folemn affirmation herein before directed to be adminiftered to»
and taken by every freeholder, if required, as aforefaid.
Booths to be VIl. Ana be it further enafted by the authority aforefaid,
ereacd at the That from and after the faid twenty fourth day of yuney one
expcnce of the thoufand feven hundred and forty five, at every fuch eleiftion
candidates, within that part of Great Britain called England^ and dominion
of fVales^ the (herifF, or in his abfcnce the under (herifF, or fuch
as he (hall depute, (hall appoint, make, or erei^, or caufe to be
appointed, made, or erected, at the expence of the candidates,
fuch number of convenient booths or places for taking the poll,
as the candidates, or any of them (hall, three days at leaft before
^'^^P*'!"*"^ the commencement of the poll, dcfire, fo as the fame do not ex-
dreds^&crind ^^^^ ^^^ number of rapes, lathes, wapentakes, wards, or hun-
not exceeding dreds within the faid county, and not exceeding in the whole the
i{. . pumber of fifteen ^ aqd (h^Il aSix^ or C9ufc to be-affixed> 00 the

mod

17450 ' ^'^^ decimo ofbvo G£orgii II. C. iB. * 333

moftpoblick part of each of the faid booths or polling places,
the name or names of the rape, wapentake, lathe, ward, or
hundred, or rapes, wapentakes, lathes, wards, or hundreds,
for which fuch booth or polling place is aUotted or defigned ;
and the faid (heriff, under (herifF, or fuch perfon as he (hall Sheriff to ap-
depute, (hall appoint a proper clerk or clerks, at each of the point a deric
laid booths of polling places, to take the poll (which faid clerk *^ ^■^*"*^^^^
or clerks (hall be at the cxpence of the candidates, and be paid aJ'iSc iaiSi-
not exceeding one guinea))^ day each clerk) and the faid (he- dates cxpencti
riff or under IherifF, (ball alfo make out a lift for cachpof the faid ^^ ^
booths or polling places refpedively, of' all the feveral towns, ^^ fo/cach**
villages, parifhes, and hamlets, lying or being wholly or in part booths
in the rape, wapentake, lathe, ward, or hundred, orinthefe«
veral rapes, wapentakes, lathes, wards, or hundreds, for which |. . . .
fuch booth or polling place is allotted or defigned; and (hall, pjcrtobcriv.
upon requcft made, deliver a true copy thereof to any of the en at %t. Sich,
candidates, or their agents, who fhall defire the fame, taking for
each of the faid copies the fum of two (hillings, and no more.

VIII/ And be it further enadted by the authority aforefaid. Voting at each
That no IherifF, under (heriff, or clerk, appointed to take the ^^^^^ ^<> ^
poll at any of the faid booths or polling places, (hall admit any [^?i^ j
perfon to vote for any lands, tenements, or other freehold eftate,
(worn by the faid oath to be lying and being at fome pari(h,
town, or place, or pari(he$, towns,- or jplaces, which pari(h,
town, or place, or pari(hes, towns, or places, or any of them,
or any part of them, is not, or are not mentioned in the lift fo
made out for fuch booth or jpolling places as afbrefaid, unlefs
fuch lands, tenements, or e(tate lie or be in fome town, liberty. Exception,
or place not mentioned in any of the lifts fo made out for all the
£ud booths or polling places as aforefaid.

IX. And be it further enafted by theauthority aforefaid, That ^ cheque
the (heriff or in his abfence the under (heriS^ or fuch as he (hall book for ever/
clepute, (hall, at every fuch election, allow a cheque book for poll book al.
every poll book, for each candidate, to be kept by th^ir refpec- J^^^^
live infpe<5lors at every place where the poll for fuch eleSion ^""*°*^*-
(hall be taken or carried on,

X. yfnd whereas by an a6i made in thifeventh and eighth years of No (herifF to
the reign of King William the Thirds intituled j An ad for the fur- adjouni a
ther regulating elections of members to ferve in parliament ; j^^ioJjLcrthw^^
and for the preventing irregular proceedings of (heriffs, atid ,6*dayf.
other officers, in the eleding and returning fuch members ; it

is enaBed^ That vpon every ele^ion to be made of any knight or knights
ofthefbire^ the fheriff of the county wKerefuch election Jhall be made^

Jhall proceed to election at the next county court unlefs the fame fall
out to be held within fix days after the receipt of the writ^ or upon the

fame day^ and then fhall adjourn the fame court to fome convenient
dayjg'ving ten days notice of the time and place of election : and where*
as, fhi riff's have frequently in fuch cfes^ where the county court fell
out to be held within fix days after the receipt of the writ^ or upon the
fahie doy^ made long adjournments of the fame^ in order to delay ffro*
ceedingto ele^ion\ for remedy thereof for the future, be it cnaA- .

ed

334 An<^ decimo ofUvo GsORGli 11. 0« t9i Ul^f

ed by the authority afore&id. That from and after the ftd

twenty fourth day oxjum^ no (heriff (hall in Aich cfafe^ takeup*

on himfelf to adjourn fuch court for long^ than fixteen days }

any law, urage, or cuftom to the contrary notwithftanding.

Clanleef ^^' And wh^Miiy an aR modi in ihtfixn> year tf tbi reign 9fhh

6 Geo. s. pnfint Majijiy^ iniituUi^ An ad to explain and amendanad made

c. 1). repealed in the feventh and eighth years of the reign of King U^iikmn the

Third, intituled. An a^ for the further regtdaling ili&iim tf

members toferve in parliament -^ and for the preventing imgnkrpn^

eeedhigs tf/beriffi^ and other offiien^ in the eleHing and returmif

filth mmbers^ fo far as the fame relates to the holding of county

courts ; it is amongft other things ena£!edy That no county cwrt what-

foever^ held within that part ^ Great Britain called Engbnd,>Ai0

be adfournedto a Monday, i7, Friday, or Saturday j and that oBani

every fuch adjournment and adjournments^ and aU and every a£t and

deed dene or performed at fuch courts fo adjourned^ JbaU be deemeij

adjudgedj and taken to be utterly mill and void, to aU intents and pur-

tofes wbatfoever: and whereas the fame hath been found inconvenient^

be it therefore ena(5ted by the authority aforefaid. That from

and after the faid twenty fourth day ot Jufie, fo much of the

faid a<5t, as is herein before recited, (hall be, and is hereby re*

pealed.

mieriff; &c. XII. And be it furthet enadted by the authority aforeTaid,

h^^f"^'t^ That in cafe any fuch (heriffor under (heriflF, who (hall preiidc

pro ^"^ • at any elecftion of any fuch knight or knights of the (hire within

that part of Great Britain, call^ England^ or dominion of fyales

fhall wilfully offend againft, or adl contrary to the true intent

and meaning of this ad, every fuch (heriffor under (heriff(hall

be liable to be profecuted by informatbn, or indidfanent, in bis

Majefty's court of King's Bench at ff^eftminfter^orin the courts of

J^reat feffion^ in the principality of ff^ales, or at the feflSons bdd
or the counties palatine oXChefler, Lancajier, and Durham, or at
the aflizes for the county, city, town, or place, where fuch of-
^oxcJS2t'^^^^^ (hall be committed, in which no Noli Projequi or Cefit
prociffut to be Proceffiis (hall be granted ; any law, cuftom, or ula^ to the coo-
granted, trary thereof in any wife notwithftanding.
^^ XIII. And be it further enadted by the authority afbrelaid,

^l^t^^\lz '^^^^ *^ '*^**' ^"^ ^^^ ^ fuflicient for the plaintiflE; in any ac-
in cafe of of ^^^^ ^^ ^^^^ given by this ad, to fet forth in the declaration or
lence againft bill, that the defendant is indebted to him, in the fum of
^bis a6t. and to alledge the particular oflence for which the ac-

tion or fuit is brought ; and that the defendant hath aded con*
trary to this ad, without mentioning the writ of fummons to
parliament, or the return thereof; and it (hall be fufficient in any
indidment or information, for any offence committed contrary
to this ad, to alledge the particular offence charged upon the de*
fendant; and that the defendant is guilty thereof, without men-
tioning the writ of fun\mons to parliament, or the return there-
of ; and upon trial of any iflTue in any fuch adion, fuit, indid-
meat, or information, theplaintiff, profccutor, or informer, (hall
not be obliged to prove the writ ot fummons to parliament, or

the

1745*1 Aimo dedmo odavo Georou IL c. 19^204 335

:he return thoreoff or any warmot or authority to the (heriff^
proundcd upcm any fuch writ of fummons.

XIV. Provided always. That every adion, fuit, indidment, Limitatioa o^
ar information given by this ad, (Hall be commenced within ^^ont.

the fpace of nine kalendar months after the fad, upon which
the fame is grounded (hail have been committed.

XV. And be it further enaAed by the authority. That all statutes of
the ftatutes of jeofails and amendments of the law whatfoever, i^^^^|7*f^*
(hall, and may be conitrued to extend to all proceedings in any ^J^J^J^^^
adion, fuit, indidment, or information, given or sdlowed by this oa this a^
ad, or whkh (hall be brought in purfuance thereof.

XVI. Provided always, and be it further enaded by the au-
thority aforefaid. That in cafe the plaintiff or informer, in any
adion, fuit, indidment, or information ^en by this ad, (hall
difcontinue the fame, or be nonfuited, or judgement be other-
wife given againft him ; then, and in any of the faid cafes, the Treble cofts.
defendant againft whom fuch adion, fuit, or information (hall ^^ y^* ^
have been brought, (hall recover his treble cofts. * '

CAR XIX.

An ad for repairine the road from Birminghaniy in the county of War-
wick (through Elmdon) to a lane leading by the end of Stone Bridge,
in the (aid county.

TaOt gTMUdftr %ijidn»

CAP. XX.
Ah a£f to amend and renJirfmre effe&ual an aSpaffedHitbi
fifth year of bis prefent Mt^^s reign^ iniiiuled^ An
ad for the further qualification of juftices of the peace.

WHERE AS *» many (Ufs of parliament of lateytars fnade^
the power ana authority ofjuflices of the peau is greatly in^
creafedj whtreby it is become of the utmoft cmfequeme to the common^
wealy to provide againft perfoni of mean ejlate acting as fuch : and
whereas the laws now tn force are not fufficientfor that purpofe : be it
therefore enaAed by tae King's moft excellent majefty, by and
with the advice and confent of tlie lords fpiritual and temporal
and commons in this prefent parliament aiTembled, and by the
authority of the fame. That from and after the twenty fifth day
of Marchy which (hall be iif the year of our Lord one thoufand After Marck
feven hundred and forty fix, no pcrfon (hall be capable of being *S» «H^» ^
U jufticc of the peace, orof a£ting as fuch, for any county, riding, ,^^of *
or divifion, within that part of GrMt Britain called England^ or peace, not poT.
the principality of fVitles^ who (hall not have, either in Taw or »fled of xool.
equity, to and for his own ufe and benefit, in pofleflion, a firce-^ ^^^
hold, copyhold, or cuftomary eftate, for life, or for fome great-
er eftate, or an eftate for fome long term of years, determinable
upon one or more life or lives, or for a certain term originally
created for twenty one years, or more, in lands, tenements, or
hereditaments, lying or being in that part of Great Britain called
J^glandf or the principality of fFaksy of the clear yearly value
of one hundred pounds, over and above what will fatisfy and dif*

charge

iion of 300L

336 Anno decimo odaVo GfcoltGXi n. c«io; [1745]

charge all incumbrances that aSeA the fame, and over and above
all rents and charges payable out of, or in refpeft of the fiime;
of not entitled or who (hall not be feized of, or intitled unto, in law or equity,
to the rever- to and for his own ufe and benefit, the immediate reverfion or
remainder of and in lands, tenements, or hereditaments, Iving
or being as aforefaid, which are leafed for one, two, or tnree
lives, or for any term of years, determinable upon the death of
one, two, or three lives, upon referved rents, and which areof'
and who (hall the clear yearly value of three hundred pounds ; and who (haO
"?kf!!?il^. ^^^^ before the faid twenty fifth day of Jkfarcb^ or before he tzkcs
upon himfelf to adt as a juftice of peace after the (aid twenty
fifth day of Marchj at fome general or quarter-feflions for the
county, riding, or divifion for which be does or (hall intend to
adl, firft take and fubfcribe the oath following i videlicet^

fubfcribe the
following
oath.

Amended ly
19 Geo, a.
€.23.

Oath.

Oath to be re«
corded.

Copy x>f oath
to be given for
as.

and admitted
in evidence.

Penalty of
lool.onany
perfbn ailing
unqualified.

I A. B. do fwtar^ That I truly and bona fide have fuch amjlate^
in law or equity^ to and for my own ufe and benefit^ conjifltng ^
(fpecifying the nature of fuch dlate, whether
me(ruage, land, rent, tvthe, office, benefice, or what clfe) aidiA
qualify me to a£l as a juftice of the peace for the county j ridings or Ji-
vifion^ of according to the true intent and meaning^

an a£I of parliament^ made in the eighteenth year of the reign rfhis
Majefly King George the Second^ intituled^ An a& to amend and
render more effedhial an ad pa(red in the fifth year of bia pre-
fent Majefly's reign, intituled. An a^ for the further fualtfo^tim
cfjuftices of the peace ; and that the fame (except where it coniiRB
of an office, benefice, or ec^efiaftical preferment, which it (haU
be fnfficient to afcertain by their known and ufual names) iily-
ing or beings oriffuing out of lands ^ tenements^ or hereditaments^ he*
ing within the parijhy townjhipy or precin^ of
or in the feveral parijbes^ townjhips^ or precmil of
in the county of or in the feveral counties of

(as the cafe may be.)

which oath fo taken and fiibfcribed as aforefaid, (hall be kept
by the clerk of the peace of the faid county, riding, or divifioo
for the time being, among the records of tne fefllons for the faid
county, riding, or divifion.

II. And be it further ens^fted by the authority aforefaid,. That
every fuch clerk of the peace (hall, upon demand for that pur-
pofe made, forthwi h deliver a true and attefted copy of the faid
oath, in writing, to any perfon, paying for the fame the fum of
two (hillings, and no more ; which being proved to be a true
copy of fuch oath, to be kept amongft the records, as aforefaid,
(hall be admitted to be given in evidence upon any {(Tue in any
adtion, fuit, or information, to be brought upon this a(^.

III. And be it further enacfled by. the authority aforeiaid,
That from and after the faid twenty fifth day di March^ any per-
fon who (hall ?(5t as a juftice of the peace for aiiy county, riding,
or divifion, within that part of Great Britain called England^ or
the principality of JVales^ without having taken and fubfcribed

tbi

1745*] Ai^i^ dedmo oftavp Georgii IF. c 26. 337

the faid oath ais aferefaid, or without being qualified according

to the true intent and meaning of this a£t, (hall, for every fuch

offence, forfeit the fum of one hundred pounds, one moiety to

the ufe of the poor of the parifh in which he moft ufually refides,

and the other moiety to the ufe of fuch perfon or perfons who

fhall fue for the fame, to be recovered, together with full cofts

of fuit, by a<%on of debt, bill, plaint, or information in any of

his Majefty's courts of record at Wiftminfter^ in which no efloin, Proof of ^lui-*

protection, wager of law, or more than one imparlance (hall be Ijfication (hall

allowed ; and in every fuich a<9ion, fuit or information, the proof |?* |" ^^^ ^•^

of his qualification (hall lie on fuch perfon againft whom the ^° ^ ^

fame is brought.

{V. Provided always, and be it further enaded by the author Defendant to
rity aforefaid. That if the defendant in any fuch adtion, fuit, or Specify lands
information, (hall intend to infift upon any lands, tenements, Ujot oontain-
or hereditaments, not contained in fuch oath as aforefaid, as;„!"^*?fi^
his qualification to act as a juftice of peace in part, or in the nouce.
whole, at the time of the fuppofed offence, wherewith he is
charged, he (hall at or before the time of his pleading, deliver
to the plaintiff or informer, or his attorney, a notice in writing,
fpecifying fuch lands, tenements, and hereditaments (other than
thofe contained in the faid oath) and the parifh, townfhip, pre->
cindt, or place, or parilhes, townfhips, precindts, or places,
and the county or counties wherein the fame are refpedively Ac-
tuate, lying, or being j[ofiices and benefices except^, which it
(hall be fufficient, to aicertain by their known and ufual names)
and if the plaintiff or informer in any fuch adion, fuit^ or in-
formation, (hall think fit thereupon not to proceed any further,
he may with the leave of the court, difcontinue fuch a(5tion,
fuit, or information, on payment of fuch cofts to the defendant,
as the court (hall award.

V. Provided alfo, and it is hereby further cnaftcd by theau- ^n«^? not \
thority aforefaid. That upon the trial of the iffue in any aftion, Jtroath or'"
fuit, or inform'atlon, to be brought as aforefaid, no lands, tene- notice, not to
ments, or hereditaments, which are not contained in fuch oath be allowcd.^
and notice as aforefaid, or one of them, (hall be allowed to be

infixed upon by the defendant, as any part of his qualification.

VI. And be it further enadted and declared by the authority ^*"^' F"^-
aforefaid, where the lands, tenements, or hereditaments, con- ^t^h or" o-*
tained in the (aid oath or notice, are together with other lands, tice, how tar
tenements, and hereditaments, belonging to the perfon taking charpable
iuch oath, or delivering fuch notice, liable to any charges, rents, ^^^ incum-
or incumbrances, that within the true intent and meaning, and ^^^^*
for the purpofes of this a(5^, the lands, tenements, and heredi^
laments, contained in the faid oath or notice, (hall be deemed and

taken to be liable and chargeable,, only fo far as the other lands,
tenements, and hereditaments, fo jointly charged, are not fuffici-*-
cnt to pay, fatisfy, or difcharge tlie fame.

VII. Provided always. That where the qualification required ^^^^ g^*^'
by this adt, or any part thereof confifls of rent, it (hall be fufli- rent only,
cient to (pecify in fuch oath or notice as aforefaid, fo much of the

Vol. XVIII. Z lands.

33it Anno decimo o£kavo Georoii IL cao. [i745.

lands, tenements, or hereditamchts, out of which fuch rent is
ifluingi as (hall be of fufficient value to anfwer fuch rent.

Vlil. Provided always, and be it enacted by the authority

aforefaid. That in cafe the plaintiff, or informer, in any fuch

action, fuit, or information, (hall difcontinue the £ime, other*

wife than aforefaid, or be nonfuit, or judgement be otherwife

. given againA him, that then, and in any of the faid cafes, the

Treble cofts. perfon againft whom fuch adtion (hall have been brought, (hall

recover treble cofts.
Only one pe^- I^* Provided always, and be it further enadled by the au-
nalty recover- thority aforefaid. That only one penalty of one himdred pounds
able by this (hail be recovered from the fame perfon by virtue of this aA, or
and 5 Geo. s. ^f ^^ ^^ made in the fifth year of the reign of his prefent Ma-
^* jefty, intituled. An a^ for thi further fualification of jufiias rf

the peace^ for the (ame, or any other offence committed by tbi
fame perfon, before the bringing of the adlion, fuit, or infor-
mation, upon which one penalty of one hundred pounds (hall
have been recovered, and due notice given to the defendant of
the commencement of fuch a&ion, fuit, or informations any
thing in this or the (ame adt to the contrary notwithftandin^.
Kt^ r ur ^ X' Provided always, and be it enaded by the authority atoe-
Sion to'^bc f^"^» 'That where an adion, fuit, or information (hall be brought,
for offences and due notice given thereof as aforefaid^ no proceedings mall
prior to the be had upon any fubfequent adion, fuit, or informadon againft
firft aftion |he fame perfon, for any offence committed before the time of
aifd notice, giving fuch notice as aforefaid ; but the court where fuch fubfe-
quent adtion, fuit, or information (hall be brought, may, upon
the defendants motion, ftay proceedings upon every fuch fubfe-
quent action, fuit, or information, fo as fuch firft adtion, fuit,
or information, be profecuted without fraud, and with effecfi,
it being hereby declared. That no action, fuit, or information,
which (hall not be fo profecuted, (hall be deemed or con(faiied
to be an adtion, fuit, or information, within the intent and
meaning of this adt.
rimitationof ^I- Provided always. That every aftion, bill, plaint, orin-
aaions. formation, given by this or the faid former adt, (hall be com-

menced within the fpace of fix kalendar months, after the fa&
upon which the fame is grounded (hall have been committed.
Places not ^II. Provided always. That this adl, or any thing herein

within this contained, (hall not extend, or be conftrued to extend, to any
ai5l. city or town, being a county of itfelf, or to any other city,

town, cinque-port, or liberty, having juftices of the peace with-
in their rcfpedtive limits and precindts, by charter, commiffion,
or otherwife; but that in every fuch city, town, liberty, and
place, fuch perfons may be capable to be juftices of the peace,
and in fuch manner only, as they might have been if this ad
had never been made; an^ thing herein before contained to the
contrary thereof in any wife notwithftanding.
p g^ XIII. Provided always, and be it cnafted by the authority

icpud. aforefaid. That nothing in this aft, or in an zk pafled in the

fifthyear of his prefent Ma^fty'sreign, intituled, ^^^i^^y^/ii^y^

1 745 J Anno dedmo oftavo Georoii n. c. 2 r r 339

/A/r foaKficathtt efjuftices of the peacij contained^ fliall ektend
to any peer, or lord of parliament, or to the lords or others of
his Majeft/s moft honourable privy cpuncil, or to the juilices of
either bench, or to the barons of the court of exchequer, or to
his Majefty's attorney or foIicitt>r general, or to the juftices of
great fettions for the county palatine of Chejier^ and the feveral
counties of the principality of JVala^ within their rcTpe^tive ju-
lifiliAions, or to the eldeft fon or heir apparent of any peer, or
lord of parliament, or of any perfon qualified to ierve as a
knight of a (hire, by an ad made in the ninth year of the reign
of her late majefty Queen Anm^ intituled. An a^ to fecure the
freedom of parliament s^ by the further qualifying members to ft in
the bmfe of commons \ any thing herein contained to the contrary
thereof in any wife notwithftandin^.

XIV. Provided alfo. That nothmg in this aft, or in the faid Perfoni cx^
a<fl of the fifth year of the reign of his prefent Majefty con- cepted.
tained, (hall extend, or be conftrued to extend, to incapacitate

or exclude the officers of the board of green cloth from being
juftices of the peace within the verge of his Majefty's palaces,
x>r to incapacitate or exclude the commiflioners and principal
officers of the navy, or the two under fecretaries in each of the
ofikes of principal Secretary of ftate, or the fecretary of Chelfea
College^ from being juftices of the peace in or for.fuch counties
or places where they ufually have been juftices of the peace ;
any thing herein contained to the contrary in any wife notwith-
ftanding.

XV. Provided always. That this aft, or any thing herein p ^
contained, (hall not extend, or be conftrucd to extend, to any cepted.'
of the heads of colleges or halls in either of the two univerfities
of Oxford and Cambridge^ or to the vice chancellor of either of
the faid univerfities, or to the mayor of the city of Oxford^ or of
the town of Cambridge^ but that they may be and a<5l as juftices
of the peace of and in the fcveral counties of Oxford^ BerJtsy and
Cambridge^ and the cities and towns within the fame, and exe*
cute the office thereof as fully and freely in all refpeds as here*
tofore they have lawfully ufed to execute the fame, as if this aft
had never been made; any thing herein before Contained to the
contrary notwithftanding.

CAP. XXL

An aff to continue an dit-^ made in theftxth year of the reign
of bis frefent Majefty ^ for the better regulation of laftage
and balJaftage in the river Thames.

ex-

me. in force from the fir fl day of June, one tboujand feven hundred
and thirty three^ for five years^ and from thence to the end of the
then next fejjion of parliament j and wbich^ by an a5l made in the
eleventh year of the reign of his prefent Mdjejly^ was further con*

Z % tinned

j40 Anno dedmo oftavo GsoRGil 11. c. 22: t<^45•

tiftued for fevtnjiari^ ani from tbenu u the end of the tbm nexi
fejfim of partiamentj is mar expiring : and whereas the/aid aet hatb
ieen found to be a very ufeful law^ and to tend greatly to the fre^
fervtng the navigation of the faid river Thames, and tberAy to
promote and encourt^e the trade of this iingdom\ be it enaded by
the King's nioft excellent msyefty, by and with the advice and
confent of the lords fpiritual and temporal, and commons, in tint
prefent parliament ^^embled, and by the authority of the fiune,
That the faid a6l, and all and every the powers, authorities}
daufeS) and provifions therein contained, (hall be and conti-
nue, and the fame is and are hereby continued in force, from
the expiration thereof, for and during the further term of ele-
ven years, and from thence to the end of the then next fefiion
of parliament.

CAP. XXII.
An a5l far granting to bis Majefty tbefum of eight hundred
tboufand pounds out of the finking fundi and for grants
ing a fum remaining in the exchequer^ arifen by the furpks
of the duties upon maltj mum^ cyder j and perry ^ for the
fervice of the year one tboufand feven hundred and forty
fve-, and for the further appropriating the fuppJies
granted in thisfeffion of parliament ; and for giving fur-
ther time for the payment of duties omitted to be paii for
the ittdentures or contrails of clerks and apprentices^ and
for the further enforcing the payment of the faid duties.

Mofl gracious Sovereign^

£ your Majefty*s moft tluttful and loyal fubjeAs, the
commons of Great Britain in parliament aflemUed, be-
ing defirous not only to raife fuch fupplies as are neceflary to en-
able your Majefty to carry on the prefent war with vigour, but
alfo to ufe fuch ways and means therein, as that your Majefty
may have the better and more fpeedy effect of the faid fuppUes,
have refolved to give and grant unto vour Majefty the fum of
eight hundred tboufand pounds out ot the furplufles, excefles,
and overplus monies, commonly called The finking fund^ to-
wards the fupply granted to your Majefty for the fervice of the
year one thoufand feven hundred and forty five ; and to that end
and purpofe do moft humbly befeech your Majefty that it may
be enadtcd, and be it enabled by the King's moft excellent ma-
jefty, by and with the advice and confent of the lords fpiritual
and temporal, and commons, in this 'prefent parliament aflem-
bled and by the authority of the fame. That by or out of fuch
Sura of ^ . monies as now are, or fhall from time to time be and remain in
hTiffuwl out ^^^ receipt of the exchequer, of the faid furplufles, excefles, or
of the iiiiking overplus monies, commonly called The finking fund (after pay-
fuo4» ing or referving fufficient to pay all fuch fum and fums of mo-

nies as have been directed by any former ^&. or aAs of parlia-
ment to be paid out of the lame) there ftiall and may be^iflued

and

w

I745«] ' Aimo decitno oftavo Gsorgii II. c. 22. 341

and applied, a fum not exceeding the faid Aim of eight hundred fbr the fervice
thoufaiid pounds, for and towards the fuppiy granted to his of the year
Majefty for the fervice of the faid year one thoufand feven bun- ^7^$'
dred and forty five; and the comoiiffioners of his Majefty^s
treafury, or any three or more of them now being, or the high
treafurer, or any three or more of the commiflioners of the trea-
fury fbr the time beii^, are hereby authorized and impowered
to ifliie and apply the fame accordingly.

U. Jfid tohinas it batb been found by ixperienciy TTmt foapers Duties U>t •
wafte is cf mat ufi and fervice for improvement of lands ^ for foap*" waftc
which pwrpoje great ptantittet thereof would be ufedj if the fame were ^® ^^**»
permitted to be brought into this kingdom fned and £f charged from
p^ment of the duties^ to which the fame is now liable upon importa^
tion ; for the encouragement therefore of fuch improvements,
be it enaAed by the authority aforefaid. That from and after after Jane h»
the twenty fouith day ofjuncj one thoufaiid feven hundred and t745*
forty five, all the duties now payable for foapers wafle, import-
ed mto diis kingdom, (hall c^e and determine; and from
thenceforth it (haul be lawful to import into this kingdom foap-
ers wafte, without paying anv fubfidy, cuftom, impofition or
other duty for the fame; any law, (htute, u£ige or provifion to
the contrarv notwithftanding.

in. Andf it is hereby enaAed by the authority aforefiud, ciaufeofloan
That in cafe the faid commiffioners of his Majefty's treafury, at 3L i9t* per
or any three or more of them now being, or the high treafurer, cent,
or any three or more of the commiflioners of the treafury for
the time being, (hall think it advifeable to raife the faid fum of
eight hundred thoufand pounds, or any part thereof, by loans
or exchequer bills, in manner hereafter mentioned, that it
ihall and may be lawful to and for any perfonor perfons, natives
or foreigners, bodies politick or corporate, to advance or lend
to his Majefty, at the receipt of his Majeftv's exchequer, any
fum or fums of money not exceeding the faia fum of eight hun«
dred thoufand pounds, upon the credit of the faid furplufles,
cxcefibs, and overplus monies, commonly called The Jiniing fundi
and to have and receive for the forbearance of the money lent,
intereft after a rate not exceeding three pounds ten (hillings per
antum per annum^ fo as ftch loans be allowed to be made by the
£ud commiflioners of the treafury, or any three or more of them
now being, or the high treafurer, or any three or more of the
commiflioners of the treafury for the time being, who are here-
by authorized to ifTue their warrants for that purpofe as faft as
fuch loans fhallbe wanted fbr the publick fervice ; and moreover
that no money fo to be lent upon the fecurity of this aft fhall be ^* ^"*
rated or adlefTed to any tax or afiefTment whatfoever. ^*

IV. And be it further enadted. That all and every perfon Tallies of
and perfons who (hall lend any money upon the credit of this loaoto bo
zSl as aforefaid, and pay the (ame into the receipt of the exche- ftnick.
quer, (haU immediately have a talley of loan (buck for the fame,
suid an order for his, her, or their repayment, bearing the fame
dat^ with bisj her^ or their uUy, in or upon which order (hall be

Z3 alfo

34»

Manner of
paymentt

Sinking fund
liable.

Anno dedmo oAavd Gboroii H. c. 22.' [ 1 74.5*

alio contained a warrant for payment of intereft for the forisear-
ance thereof, not exceeding the faid rate of three pounds tea
(hillings per centum per annum j and to be paid every three monthsi
until the repayment of the principal; and all fuch orders for
repayment of money fo to be lent (hall be r^iAred in courfe
according to the dates refpedively ; and that ^fl and every per-
fon and perfons (hall be paid in courfe, according as their orders
ihall (land regiftred in the faid regifter books, lo as the perfoii
or perfons, natives or foreigners, his, her, or their executors,
adminiftrators, or affigns, who (hall have his, her, or their or-
l^er or orders firft entred in the faid books of regifter, (hall hb
taken and accounted to be the firft perfon or perfons to be paid
out of the faid furpluifes, exceifes, and overplus monies; and
he, (he, or they, who (hall have his, her, or their order or
orders next entered, (hall be taken and accounted to be the fe-
cond perfon to be paid, and fo fuccefTively and in courfe ; and
that the monies to come in, of, or for the faid furplufles, ex-
cefTes, and overplus monies, commonly called The Jinking fwJ^
as aforefaid, (hall be in the fame order liable to the Citisfadion
of the faid refpedtive perfon$, and body or bodies politick or
corporate, their executors, adminiftrators. fucceflbrs, or a(figas
withoutunduc ^^'P^^'^^'y* without undue preference ot one before aiK>ther,
prefereuoB. and not otherwife j and (hall -not be diverted or divertible to any
other ufe^ intent, or purpofe whatfoever (other than fuch ufes
and purpofes t^s are appointed by any other a6t or ads of parlia-
ment in that behalf as aforefaid;) and that no fee, reward or
gratuity directly or indire6tly fliall be demanded or taken of any
of his Majeftv's fubjeAs for providing or making of any fuch
books or reglilries, or any entries^ views, or fearches in or for
payment of^ money lent, or the intereft thereof as afore(iud,
by any of his Majefty's o(ficer or o(ficers, their clerks, or depu-
ties, on pain of payment of treble damages to the party grieved
by the party oflTending, with full cofts cl fuit; or if the officer
himfelf take or demand any fuch fee or reward, then to lofe his
place alfo ; and if any undUe preference of one before another
(hall be made either m point of regiftry or payment, contrary
to the true meaning of this adt, by any fuch officer or officers,
then the party offending (hall be liable by a<ftion of 4ebt, or on
the cafe, to pay the value of the debt with full cofts of fbit to
the partv grieved, and (hall be forejudged of his place or office;
and if (uch preference be unduly made by any bis deputy or
clerk, without direftion or privity of his matter, then fuch de-
puty or clerk only ftiall be liable to fuch aftion, debt, damages,
and cofts, and (hall be for ever after incapable of his office or
place ; and in cafe the auditor of the receipt (hall not dirc6l the
laid orders of loan, or the clerk of the pells record, or the teller
inake payment upon fuch order, according to each perfon's due
place and order as before directed, then he or they (hall be ad-
j.udged to forfeit, and the rcfpedtive deputies and clerks theieia
offending, to be liable to fuch adlion, debt, damages, and cofts,
fii fuch manner as aforefaid ; all which faid penalties, forfeitures,
2 damages^

No fee to be
Uken*

Penalties*

1745*] Anno dedmo ofUvo Georgii II. c.22. 34^

damages, and cofts, to be incurred by any the officers of the ex-
chequer, or any thdr deputies or clerks, mall and may be reco-
vered by a£tion of debt, bill, plaint, or information, in any of
his Majefty's courts of record at fFeJiminfter\ wherein no efloin,
protedhon, privilege, wafi;er of law, injunction, or order of re-
ftraint (hall be in any wife eranted or allowed.

V. Provided always, and it is declared. That if it (hall hap- ^^^^ ^ ,.
pen that feveral tallies of loan or orders for payment as afore- not be undue
faid, bear date, or be brought the fame day to the auditor of prefertncc.
the receipt to be ren(tered, then it (hall be interpreted no undue
preference which of thofe be entered firft, fo as he enters them
all the fame day.

VL Provided alfo. That it (hall not be interpreted any un-
due preference to incur any penalty in point of payment, if the
auditor diredt, and the clerk of the pells record, and the tellers
do pay fubfequent orders to perfons that come and demand their
monies, and bring their orders, before other perfons that did
not come to take their monies, and bring their orders in courfe,
lb as there be fo much money referved as will fatisfy prece-
dent orders, which (hall not be otherwife difpofed of, but kept
for them ; intereft upon loan being to ceafe from the time the
money is fo referved and kept in bank for them.

VIl. And be it further enaded. That all and every perfon Method of
and perfons to whom any money (hall be due for loans to be re- transferring*
gi(bed by virtue of this a6t, after order entered in the book of
reg^fter as aforefaid, his, her, or their executors, adminiftrators^
or a(rigns, by proper words of aflimment to be inderfed and
written upon his, her, or their order, may affign or transfer
his, her, or their right, title, intereft, and benrat of fuch or-
der, or any part thereof to any other; which being notified in
the office of the auditor of the receipt aforefaid, and an entiy or
memorial thereof alfo made in the book of regi(fa7 aforefaid for
orders (which the officers (hall upon requ^ without fee or
charge accordingly make) (hall intitle fuch aflignee, his, her,
or their executors, adminiftrators, fucceflbrs, and afligns, to
the benefit thereof, and payment thereon, and fuch affienee
may in like manner affign again, and fo toties quoties ; and after-
wards it (hall not be in the pow* of fuch perfon or perfons who
have or hath made fuch a(rignment, to make void, releafe, or
difcharge the fame, or any the monies thereby due, or any part
thereof

Vin. And to the end there may be no want or failure of a
certain fum not to exceed in the whole the faid fum of eight hun-
'drvd thou&nd pounds, to be raifed either by fuch loans as aforefaid,
or by iffiiing exchequer bills as is herein after mentioned, or by
both or either of thofe ways or means for the publick fervice ; be
it farther ena<fted by the authority aforefaid. That in cafe the ^^^ (-^^ ^^y
IR>mmi(rioners of his Majefty*s treafuryj or any three or more be nufcd by
of them now being, or the high treafijrer, or any three or more exchequer
of the commi(rioners of the trcafury for the time being, (hall WU.
judge 1% more advifeable to raife the laid fum of eight hundred
' 7^^ tho^-

344 ^^^^ decimo odavo Georgii II. c.22. ' [1745.

thoufand pounds, or any part thereof, by exchequer bills, in-
ftead of fuch loans as aforefaid, that then they i^peAively are
hereby authorized and impowered at any time or times to pre-
pare and make, or caufe to be prepared and made at the ex-
chequer, any number of new exchequer bills, for any fum or
fums of money not exceeding in the whole the faid fum of
eight hundred thoufand pounds, together with fuch loans as
aforefaid, in the fame or like maoner, form, or order, and ac-
cording to the fame or like rules and diredlions, as in and by a
certain a£t of parliament for granting an aid to his Majefty by
a land tax, for the fervicc of the year one thoufand feven hun-
dred and forty five, are enacted and prefcribed concerning the
exchequer bills to be made in purfuance of the faid a(5l.
Chnresofthe IX. And be it further enaded by the authority aforedud,
land tax aft That all and every the claufes, provifoes, powers, privil^Bs,
fnaniand«- ^^^^antages, penalties, forfeitures, and difabilitics, contained
chequer bills* ^^ ^^^ '^'^ laft-mentioned ad relating to the loans or exchequer
ffxtittnd^ to bills authorized to be made by the fame a£t (except fuch claufes
tlii«- as do charge the fame op the aids, taxes, or aflemnents granted
by the fame a(5t) (hall be applied and extended to the exche-
quer bills to be made in purfuance of this adt, as fully and efiix-
tually to all intents and purpofes as if the faid exchequer bills
had been originally authorized by the faid laft mentioned ad, or
as if the faid feveral claufes or provifoes had been particularly
repeattd or re-enaded in the body of this prefent z£t.
Exchfflucr ^' "^^^ ^^ ^^ enadted by the authority aforefaid. That all
hUs charge- ^^^^ exchequer bills as (hall be made in purfuance of this aft,
iA)le on the and the intereft, premium, rate, and charges incident to, or at-
linking fund, tending the fame, (hall be and are hereby charged and charge-
able upon and (hall be repaid and borne by or out of the grow-
ing produce of the faid furplufles, excefTcs, and overplus monies
commonly called Th^ Sinking Fund (except fuch monies of the
faid (inking fund a> are appropriated to any particular ufe or
ufes by apy former or other %Gt or ads of parliament in that be-
half) and fuch monies of the finking funa (hall and may be if-
fued and applied, as faft as the fame can be regularly (lated and
afcertained, for and towards the paying off, cancelling, and dif-
charging fuch exchequer bills, intereft, premium, rate, or
charges, lentil the whole of them (hall be paid off, cancelled,
and difcharged, or money fuiKcient for that purpofe be kept and
rcfervcd in the exchequer, to be payable on demand to the rc-
fpcdive proprietors thereof.
11.144.1. 138. XI- And be further enacted by the authority aforefaid. That
j?<^- 3 q- the fum of twenty one thoufand two hundred and forty four
llutKsoninalt P^"".^^' thirteen fhillings, and eight pence three farthings, now
kc. for 1 743/ rc^naining in the receipt of his Majefty's exchequer, of the fur-
to be iirucd ' plus of the duties on malt, mum, cyder and perry, granted for
ter i745' the fervice of the year one thoufand feven hundred and forty
three, (hall and ms^y be iffued as part of his Majefty's fupply fpr
the fervice of the year one thoufapd fev vn hundred and forty fiv^ ;
^ - : J joy

1745*1 Annodedmaodbvo Georoii IL c. 22. 345

any law, ftatute or provifion to the contrary in any ^fe notwith-
ftanding.

XII. Provided always, and be it enade<^by the authority a- Application of
forefaid. That all the monies coining Into the exchequer, either the fupplles ,
by loans or exchequer bills, upon one adt of this feilion of par-
liament, intituled. An a£l for granting an aid to his Maiefty by a^J ^^ ^^
Land tax^ to be raifed in Great Britain,yir ibe fervid of the year one ^** '
tboufandfeven btmdred and forty five ; and fo much money (if any
fuch be) of tlie tax thereby granted, as (hall arife or remain, after
all the loans or exchequer bills made or to be made on th^ fame .
adt, and all the intereft, premium, rate and charges thereon, and
the charges thereby allowable for raifing the faid land tax, (hall
be fatisfied, or money fufficient (haU be referved in the exche-
quer to difcharge the fame; and all the monies coming into the
exchequer, eitl^r by loans or exchequer bills, upon one other adt
of this feflion of parliament, intituled, jIn a£t for continuing tbe\yy duties on
duties upon nuilt^ mum^ cyder^ and perry ^ in that part ofGvezt Bri- malt. Sec.
tain called England, and for granting to bis Majefty certain duties
upon malt^ nrnntj cyder ^ and perry ^ in that part ^ Great Britain
called Scotland, for the fervice of the year one tboufand feven hun^
dred and forty five ; and fo much money (if any luch be) of the
duties thereby granted, as (hall arife or remain after all the loans
ox exchequer bills made, or to be made on the fame a£l, and all
the intereft, premium, rate, and charges thereon, and the charges
thereby allowable for raifing the faid duties, (hall be fatisfied, or
money fuflkient (hall be referved in the exchequer to difcharge
the fame ; and aUb all the monies coming into the exchequer by
loans, upon one other a& of this feflion of parliament, intituled,
jin ail for granting and continuing the duties upon fait ^ and upon red ^^^^^ ^
and ffihite herrings j for the fitrther term of fix years ; and for de^ *
glaring that the £ties onfalt^ which arife and are payable in that part
of Great Britain ccdUd ScoUand, Jball befubje£t to the fame charges
tbereony as the fame duties were liable to by the a£l of the fifth year ef
the reign of his late majejly King George the Firji\ and alfo all the
monies coming into the exchequer by annuities, after the rate
of three pounds per centum per annum^ and by contributions by
way of a lottery, upon one other aA of this felfion of parliament, t^ . .•
intituled, Jn a^ for granting to his Majejly feveral additional duties ^^^^^^,
Upon all wines imported into Great Britain ; and for raifing a cer- tdi and 1^
tainfum of money by annuities and a lottery y in manner therein men^ annaitiet and
tionedy to be charged on the faid additional duties ; and the fum of ^^^^^•T*
twen^ one thoufand two hundred and forty four pounds, thir- ,? "g*d^Vet
teen (nillingSy and eight pence three farthings, remaining in the farthings fur-
receipt of his Majefty's exchequer, of the furplus of the duties on plus, &c.
malt, mum, cyder and perry, granted for the fervice of the year ^ ^J . .
one thoufand feven hundred and forty three j and alfo the fum fhw ilairiSt-
of eight hundred thoufand pounds by this ait granted, (hall be ed. •^^
further appropriated and applied, and are hereby appropriated '

for and towards the feveral ufes, intents and purpofes herein ;

^fter exprefled (that is to fay) it is hereby enafted and declared.
That put pf 4II or any the aids or fupplles afprefaid^ th^re fluill

34^S Anno decimo odavo Georgii IL C.22. ['745*

and may be iflued and applied any fum or fums of money, not
exceeding two million two hundred ninety two thouland four
liundred feventy niife pounds, nine (hillings, and ten pence, for
or towards the naval fervices herein after more particularly ex-
prefTed ; (that is to fay) for or towards defraying the charge of
the ordinary of his Majefty's navy, and for hal^pay to fea of-
ficers, and for or towards victuals, wages, wear and tear of the
navy, and the vidlualling thereof, performed and to be perform-
ed, and for or towards fea fervices in the ofEce of ordnance per-'
formed and to be performed ; and for or towards building an
hofpital near Port/mouth j and purchafing land on which the mme
is to be ereded, and the necei&ry walling attending the £unc,
for the year one thoufand feven hundred and forty five.
45»oo5l- 9«« XIIL And it is hereby alfo enaSed by the authority aforefaid,
f^elS^of That out of all or any the aids or fupplies as aforefaid, there
traiupbrts* ^^U and may be iflued and applied any fum or fums of monef,
not exceeding forty five thoufand five pounds, nine fhillingt,
and ten pence, for the freight of tranfports, between the frft
«3»345l! 7 «• day of January J one thoufand feven hundred and forty three, and
Lr viaiS"^ the thirty firft day oi December^ one Aoufand feven hundred and
for land ^^^Y ^^^^9 ^"d any fum or fums of money not exceeding thir-

liMTcet. teen thoufand three hundred forty five pounds, feven (hulif^,

and feven {)ence hal^enny, for the expence of viAuals provi(Md
for his Majefty's land forces, between the firft day ofjamurj^
one thoufand feven hundred and forty three, and tne thirty M
day of Deamberj one thoufand feven hundred and forty four.
10,000 1. to XIV. And it is hereby alfo enadted. That out of all or any
Qreenwicb the aids or fupplies as aforefaid, there fhall and may be iffiied
feiofpital. smd applied anv fum or fums of money, not exceeding ten
thoufand pounds, upon account, towards the fupport of the
royal hofoital at Greenwich^ for the better maintenance of the
feamen of the &id hofpital, worn out and become decrepit in the
fervice of their country.

XV. And it is hereby alfo enaAed, That out of all or any
the aids or fupplies as aforefaid, there (hall and may be iflued
and applied any fum or fums of money, not exceeding two hun-
dred fixty three thoufand four hundred thirty five pounds, fix
%63»435l. 6 s. fhillings, and one penny, for or towards defraying the diaresof
id. Charge of the omce of ordnance for land fervice, for the year one thoufand
fi'^'lSp? ^d" ^^^^^ huridred and forty five, performed and to be perfbrmec\
foYice. ^ ^^^ ^^^ defraying the extraordinary expence of the ofRce erf* ord-
nance for land fervice, not provided for by parliament.

XVL And it is hereby likewife enadled. That out of all or
any the aids or fupplies provided as aforefaid, there (hall and
may be iffued and applied any fum or fums of money not cx-
#**7*»4«7l» ceeding one million eight hundred feventy eight thoufand fbor
penny, for* hundred feventcen pounds, three (hillings, and ten pence half-
guards, gari- P?nny, for defraying the charge of guards, earifons, and marines,
Ions, marines, and other fervices in Great Britain^ Guernjey^ and Jerfeyj, and hr
^' - dcfrayinp the charge of twenty eight thoufand one hundred and

•S ,o7^effcc- ^^^ c&aivc ^cn, comniiffion and pon-conmulfion officers.

745*1 Anno dedmo oSavo Georgii II. c. 22. ^4/

icluded^ fijr the fervice of the war i» Flanders^ and for main-r tive raoiln
lining his Majefty's forces and garifons in the plantations, ?^*°^*">*^
Minorca^ and GibraltOTj and for provifions for the glrifons at
Ifmapolis Rfiyal, Plaantia^ Providencp^ Gibraltar^ Georgioy and
lattan^ for the year one thoufand feven hundred and forty five
nd for or toward^ defraying the extraordinary charge of forrage,
?aggon money, skhd other expences, incurreo or to be incurred ,
or the fervice of the year one thoufand feven hundred and forty 57,9651. 91.
ive; and any fum or fums of money not exceeding fifty feven «d. halfpenny
faoufand nine hundred fixty five pounds, nine (hillings, zn^^^^V^f^^^^
wo pence halfpenny, for the allowance of eight weeks pay to ^^^^ troopi.
:hc troops of Hanover^ for their return, computed from the
wenty fifth day of December^ one thoufand feven hundred and ^^^ ^^^
brty tour, the time of their difcharge ; and any fum or fums of g a. for 6000
noney, not exceeding thirty two thoufand ninety four pounds, Dutch troof»
ten (hillings, and eight pence, for dcfiraying the charge of fix in Great Bii-
thoufand Dutch troops, whilft in Great Britain^ in the years one ^*"*'
thoufand feven hundred and forty three, and one thoufand feven
hundred and forty four ; and the fum often thoufand two hundred 10,94.0 1. 1 1»
Forty pounds,one (hilling, and a penny, for defraying the charge i d. for Dutch
of the faid fix thoufand Dutch troops, during the time of their S^^^*"*
continuance iii his Majefty's fervice in Flanders^ in the year one **'*°*"*
thoufand feven hundred and forty four ; an4 any fum or fums
of money not exceeding thirty feven thoufand fix hundred and |^^^ f^Jinc
ten pounds, eighteen (hillings, and eight pence fiirthing, for the for "pay or
pay and forrage of the general and ftafF o(ficers,and like wife for ftattofficert
the pay of the officers of the hofpital ferving with his Maje(ly*8 in Flanders.
forces in Flanders^ for the year one thoufand feven hundred and
forty five 5 and any fum or fums of money not exceeding eighty
five thoufand eight hundred forty feven pounds, four (hillings, ^^^^^' * ?1
and nine pence, for defiraying extraordinary expence of the ^dinary'cx-*
troops in Britijb pay which ferved in Flanderi^ incurred in the pencesof the
year one thoufand feven hundred and forty four, not provided for troops.
t>y parliament ; and any fum or fums of money not exceeding *3»9fi« !• •••
twenty three thoufand nine hundred fixty one pounds, two ^^^yLj^ Kay,
(hillings, and eleven pence, for defi^ying charge of two troops gall^^&c.
of rangers, a highland compan^r, ooatmen, half galleys ortorG^airi^
fchooners, for the. fervice of Georgia^ from the thirtieth clay of
fieptembcTy one thoufand feven hundred and forty four, to the
twenty fourth day of December^ one thoufand feven hundred ^Vj^iLif *'
and forty five ; and any fum or fums of money, not exceeding |xtiiw3iMrr
diirty eight thoufand eight hundred thirty nine pounds, eighteen expences of
(hillings, and five pence halfpenny, for defraying extraordinary land forces,
xxpences and fervices of his Majefty's land forces in Gnat Brt^
$sin^ Minorca', Gibraltar^ and the plantations, incurred anno one
thotrfand feven hundred and forty four, not provided for by par- a^iTTS !• «!••
Itament ; and any fum or fums of money not exceeding twenty J^i^.^Jt
fix thoufand feven hundred fevcnty five pDunds, fifteen millings^ '^ ^

and ten pence, upon account of half-pay to the reduced officers
of his ]Vlajcfl/s land forces and marines^ for the year one thou-

548

3864.1. for
pennons, to
reduced offi-
cers widows.

500t00ol. to

snake good

engagements

wiuthe

Qoeenof

Hungary.

SOOiOO0 1. to
the King of
Sardinia.

100,000 1. to
the King of
Poland de^or
of Saxony.
S4,ft99 1. 1 s,
4d. to the
Eleaor of Co-

S6fto 1. to the
Sleaorof
Mentz,
500,0001. for
other treaties
and(ervices.

509c 1. 8 s. 8d.
to the finking
fund for
Ibunp duties,
8;«-

^d. halfpenny

Anno decimo odavo Georgii IL c. 22/ D745-

fand feven hundred and forty five, fubjeS to fuch rules to he
obferved in the application of the (aid half-pay, as is herein
after prefcribed concerning the fame ; and any fum or funu of
money not exceeding three thoufand eight hundred and fixty
four pounds, for paying of penfions to die widows of fuch re-
duced officers of his Majefty's land forces and marines as died
upon the eftabli(hment of half-pay in Great Britain^ and who
were married to them before the twenty fifth day of December,
one thoufand feven hundred and fixteen, for the year one thou-
fand feven hundred and forty five; which faid fum of three
thoufand eight hundred and fiixty four pounds, (hall be iflual to
fuch perfon or perfons, as his Majefty (hall, by warrant or
warrants under his royal fign matiual, dired or appoint to re-
ceive the fame, to be by him or them paid over to nich mdows
of half-pay officers, or their afligns, according to fuch eftabli(h-
ments, Hks, or other directions, and with and fubje£t to fudi
conditions, qualifications, or other allowances for the (ame, as
bis Majefty, by fuch and the like warrant or warrants, ihall be
gracioufly pleafed to diredt and appoint.

XVII. And it is hereby alfo enadted by the authority afore-
faid, That out of all or any the aids or fupplies aforefiud, there
(hall and may be iflfued ana applied any fum or fums of money
not exceeding five hundred thoufand pounds, to make good his
Majefty's engagements with the Queen of Hungary^ and to en*
able her to augment and increafe her army for the fupport of die
boufe of Auftria^ and for carrying on the prefent war with vi-
gour; and any fum or fums ot money not exceeding two hun-
dred thoufand pounds, to make good nis Majeity*s engagements
with the King of Sardinia^ puriuant to treaty ; and any fum or
fums of gioney not exceeding one hundred thoufand pounds,
to make good nis Majefty's engagements with the King of P^-
land, as eledtor of Saxony j , puriuant to treaty ; and any fum or
fums of money not exceeding twenty four thoufand two hun-
dred ninety nine pounds, one (billing, and four pence, to make

f^ood his Maje(ly*s engagements with the ele<^or oiCoJogn^ pur-
iiant to treaty ; and any fum or fums of money, not exceeding
eight, thoufand fix hundred and twenty pounds, to make eocu
his Majefty's engagements with the ele&or oiJUentz^ puriuant
to treaty ; and any fum or fums of money, not exceeding five
hundred thoufand pounds, on account, to enable his Majefty
to make good fuch other treaties, as are or (hall be made wita
his Majefty's allies, and for other fervices of the war, for the
year one thoufand feven hundred and forty five.

XVIII. And it is hereby alfo ena(5ted by the authority zloit*
faid. That gut of all or any the aids or fupplies as aforefaid.
there (hall and may be i(rued and applied any fum or fums ol
money not exceeding five thoufand ninety nve pounds, eight
(hillings, and ei6:ht pqnce, to replace to fhe finkine fund the like'.
fun> paid out of the fame, to make good, the deficiency of the
iiddkional ftamp duties at Chrijlmas, o.ne thoufand feven bun?
j|)rc^ and' forty three; and any fuin or fums of numey not ex*

ccedipg

^1745*1 Anno dedmo o£bvo GeoRGII II. c.22. 349

ceeding thirteen thoufand nine hundred fifty feven pounds nine- ^o the finkini^
teen (hillings^ and two pence halfpenny, to replace to the Taid ^^^i ^""^
finking fiind the like fum paid out of the fame, to make good ^ ^**^
the deficiency o^ the duty of twelve (hillings a barrel on fweets,
or wines made from Britijb or foreign fruit or fugar, at Mtchael"
fnaSy one thoufand feven hundred and forty four.

XIX. And it is hereby alfo enadted. That out of all or any 65,165 1. r^t.
the aids or fupplies provided as aforefaid, there (hall and may S ^- ^^^^'

be iflued and applied any fum or fums of money, not exceeding ^"JSJ^ o^^
fixty five thoufand two hundred fixty five pounds, thirteen (hiK genet^^fiuid,
lings, and five pence halfpenny, for making good the deficiency 1744*
of the general fund for the year ended at MubaelmaSj one
thoufand feven hundred and forty four; and any fum or fums ,77 -„ i.,j^
of money not exceeding one hundred feventy leven thoufand 3 d.' haif^
four hundred twenty one pounds, eighteen (hillings, and three penny for de«
pence halfpenny, to make good the aeficiency of the grants for ^^^^ of
the fervice of the year one thoufiind feven hundred and forty ^^^' *744«
four.

XX. And be it enadted. That the faid aids or fupplies SuppHet ap.
provided as aforefaid (hall not be i(rued or applied to anyP>^^^
ufe, intent, or purpofe whatfoever, other than the ufes and pur*

pofes before mentioned, or for the feyeral deficiencies or other
payments directed to be fatisfied thereout by any ad or adts, or
any particular daufe or claufes for that purpofe contained in any
otner ad or ads of this prefent feflion of parliament.

XXI. And as to the faid fum of twenty fix thoufand feven Rules for the
hundred feVenty five pounds, fifteen (hillings, and ten pence, ^ppli^^^^on of
by this ad appropriated on account of half-pay, as aforefiiid ; it ^f P^X*

is hereby enaded and declared by the authority aforefaid. That
the rutes herein after prefcribed (hall be duly obferved in the
application thereof; that is to fay. That no perfon (hall have or
receive any part of the fame, who was a minor, and under the
age of fixteen years, at the time when the regiment, troop, or
company, in which he ferved, was reduced; that no perfon
(haU have or receive any part of the fame, except fuch perfons
vtho did adual fervice in fome regiment troop or company ; that
no perfon having any other place or employment of profit, <ivil or
military, imder bis Majefty, (hall have or receive any part of the
faid half-pay; that no chaplain of any garifon or regiment, ^ho
has any ecclefiaftical benefice in Great Briiain or Ireland^ (haU
have or receive any part of the faid half-pay ; 'that no perfon
(hall have or receive any part of the fame, who hath refigned his
commi(fion, and has had no commifTion fince ; that no part of
the fame (hall be allowed to any perfon by virtue cf any warrant
or appointment, except to fuch perfons who would have been o-
therwife intitled to the fame, as reduced officers ; and that no
part of the (ame (hall be allowed to any of the officers of the five
laments of dragoons, and eight raiments of foot, lately ^if-
banded in Jrelana^ except to (uch as were lately taken oflT the
cftablifhment of half-pay in Grmt Britain.
XXIL And wbtreas byanaff cf parliment tnadi in the fiven^

teenth

35^ Anno decimo octavo GSoRGii 11. c. 22/ t^745«

t7 Geo. ft. Uenthytar of his Majefty reigfi, intituled^ An aft for granting to
^* 33* his Majefty the fum of one million out of the (inking fund ; and

for applying a Turn remaining in the exchequer, arifen by the
coinage duty, for the fervice of the year one thoufand Kven
hundred and forty four; and for the further appropriating the
fupplies granted in this Tefllon of parliament ; and for mdung
forth duplicates of exchequer bills, lottery tickets, certificates,
annuity orders, and other orders loft, burnt, or otherwife de-
ftroyed ; and for giving further time for the payment of duties
omitted to be paid for the indentures or contrails of clerks and
apprentices, and to enable the reverfioners of certain annuities
therein mentioned, to receive fuch annuities, if the fame (hall
not be demanded within a certain time by the annuitants for
life, until proof be made that fuch annuitants are living; feverd
fiipplies which had been granted i$ his Majejiy^ as is therein mentis
onedj were appropriated to fever al ufes andpurpofes therein exprefftl^
dmongfi whieh^ any fum or Jums of money not exceeding thirty em
thoujand fix hundred and ninety five pounds^ and twelve fhiUings^
was appropriated to be paid to the reduced officers of his Maicfifi
land forces and marines^ fuhjeQ neverthelefs to fuch rubs to he oh-
ferved in the application of the (aid half pay ^ as in and by the aferejmi
The overplus a^ were prefcribed in fiat behalf \ now it is herebyprovided, cn-
cflait year's aded, and declared by the authority afore&id. That fo much
**^f P*7» .*® of the faid fum of thirty one thoufand fix hundred and ninety
thc^Smpaf-^ five pounds, and twelve (hillings, as is or (hall be more than
fibnate ml/ fufHcient to fatisfy the faid reduced officers according to the
rules by the faid adt prefcribed to be obferved in thd application
thereof^, or any part of fuch overplus, (hall or n)ay be difpofed
of to fuch officers who are maimed or loft thefr limbs in the
late wars, or fuch others as by reafon of their' lon|; fervice, or
otherwife, his Majefty (hall judge to be proper obje<fts of cha-
rity ; or to the widows or children of fuch officers, according to
fuch warrant or warrants, under his MajeflVs royal (ign ma-
nual, as (hall be figned in that behalf; any tning in this zSt or
the (aid former a6l to the contrary notwithftanding.
f Annae, c. 9. XXIII. And whereas by twofeveral a^s of parliament made ad
9Annx,c.%i,paffedin the eighth and ninth years oftheretgn of her late maj^
^een Anne, certain rates and duties to be under the managemeM
^the commiffioners for the Jlamp duties^ were charged and dire&ti
to be levied^ and continued^ for or in refpe^ of monies giveny peH
or contrasted for^ with clerks y apprentices or fervanfSy to be paidy et
fuch times y and in fuch manner y and under fuch penaltiesi as in ad
by the faidfeveral aSfs are refpeSlively menticnedy exprejffed andprh
vided: and whereas fcveral perfons havfy through negielf or inU*
vcrtencvy omitted to pay the feveral rates and duties payable in tbet
behalf y and to have the indentures or contrails flamped within the
times for thofe purpofes refpeSiively limited by the faid aifSy whereh
fuch clerks y apprentices or fervantSy and their maflers or miftrem
refpelfivelyy have incurredy and may be fubjeSi to feveral pemdttei^
'Fxirtber time forfeitures, and difabilities ; it is therefore further enaAed by die
for payment authority aforefaid, That v^n payment of the feveral rates
aidatiu for gDJ

I74S*] AnnodecimooAavoGEORGirH. C.22. 351

and duties fo omitted or negleAed to be paid, as aforefaid, on indentures, to
or before the firft day of Augujty one tboufand feven hundred Auguft 1,
and forty five, to the pcrfon or perfons to whom the fame ought ftaMbig in^
to be paid^ purfuant to the faid adt ; and upon tendering to be dentures to
fiampt fuch indentures and contradts fo omitted to be ftampt at Sept.t9, 1745.
the fame time, or at any time before the twenty ninth day of
September J one thou&nd feven hundred and forty five, the (ame
indentures or contraAs (hall be good and available in law and
equity, and may be given in evidence in any court whatfoever;
and the clerks, apprentices or fervants therein named, (hall be
capable of following and exercifing their refpedtive intended
trades or employments, as fully as if the rates and duties fo
omitted, had been duly paid within the refpedlive tithes, in the
(aid former aAs, or either of them, limited and appointed ; and
the perfons who have incurred any penalties, by the omiifions
aforefaid, upon payment of fuch rates and duties, as aforefaid^
within the time before limited, are hereby acquitted and dif«^
charged from the (aid penalties ; an)r thing in the feid two for-
mer a<Sts, or either of them, contained to the contrary not-
withftanding.

XXIV. And for the better enforcing the payment of the rates Further pe-
and duties direded to be levied and paid by the (aid former adb \ nalties Ux not
it is hereby further enaflcd by the authority aforeftiid,That from ^^2^^^^
and after the twenty fourth day of June^ in thfe year of our ^ '
Lord one thoufand feven hundred and forty five, if any mafter

or mi(trefs (hall negle<ft to pay the faid rates and duties for

derks, apprentices or fervants, within the refpeAive times^ in

and by the former a6ls limited and appointed in that behalf,

according to the true intent and meaning of the fame, every

fuch mafter and miftrefs (hall, for every fuch ne|le6b, forfeit

and pay double the rates and duties charged and diredted to be

paid and levied by the faid former a6ls, or either of them (over

and above all penalties and forfeitures thereby inflidled) for all

monies which (hall at any time or times, after the faid twenty

fourth day of June^ one thoufand feven hundred and forty five,

be given, paid, contraAed or agreed for, with or in relation to

t!V&rf fuch clerk, apprentice or fervaot; which faid penalties

apid forfeitures, dire(5led to be levied by this prefent aA, (ha)I

be paid by the faid mafters or miftrefies refpedHvely, and fiiall

be recovered, paid and applied, in fuch and the fame manner how to be it.

as any penalties and forfeitures, infli6led by the faid former a<5ts, covered.

or either of them, are thereby direfled to be recovered, levied,

paid or applied.

XXV. And it is hereby further enaftcd, That if any mafter Encouraw-
or miftrefs of any fuch clerk, apprentice or fervant refpcftivdy, ment to*
Ihall negled to pay the faid rates and duties fo charged by the clerks, ap.
faid former adls, or either of them, within the refperaye times prentices, te.
therein limited in that behalf, whereby the penalties or forfei- J^P*^ ^^.
tures incurred by virtue of this a<ft, will become chargol upon, dcnSre^ S'
itfid be payable by them refpedtivelv; and any fuch clerk* ap« not paid bf
prentice or fervapi reipeAively,* (hall, and d6 in -that cafe pay, auften, te.

or

35^ ' Anno decimo oftavo GeoRGII II. c. 25, 24; [i745«

or caufe to be paid, the rates and duties charged by the 6ii,
. former 2iEts, or either of them ; and alfo the penalties and for-
feitures inflicted and incurred by this prefent adt, at any time
within one year after the fame (hall fo refpedtively become
charged, incurred, and made payable by virtue of this aft, as
aforefaid (fuch mafter or mi(farefs not havine then paid the iaid
rates, duties, penalties and forfeitures re(pe£kively, although
required by fuch clerk, apprentice or fervant fo to do) then,
and in fuch cafe, it (hall and may be lawful to and for any fuch
derk, apprentice or fervant, within three months after fuch
payment of the fiud rates, duties, penalties and forfeitures re-
fpefUvely, by him, her, or them, as aforefaid, to demand of his
or her xnafter or mifirefs, or his, her or their executors or ad-
miniftratorSf fuch fum or fums of money, as was or were paid
to fuch mafter or miftrefs, for or in refpeA of fuch clerkOiip,
apprentice(hip or fervitude; and in cafe fuch fum or fums of
money (hall not be paid within three months after fuch demaad
thereof made, it (hall and may be lawful to and for any fuch
derk, apprentice or fervant, to fue for and recover the fame,
with full cofts of fuit, againft fuch mafter or miftrefs, his, ber,-
or their executors or admini(fa'ators, by adtion of debt, bill,
plsunt or information, in any of his Majefty's courts of record
at JVeftmnfter^ wherein no eflbin, protedtion^ wager of law, or
more than one imparlance ftiall be allowed ; and every fudi
clerk, apprentice or fervant, (hall and may immediately after
payment of fuch rates, duties, penalties and forfeitures as afore-
uid, be difcharged from his, her or their clerkfhip, apprentice-
ihip, and fervice refpedtivcly ; and from ail adtions, penalties,
foifeitures and damages, for not ferving the time, for which he,
(he or they were refpedtivdy bound, contradted for, or a^eed
to ferve fuch mafter or mi(tre(s refpedtivdy.
Such clerks, XXVI. Provided always, and it is hereby further enadd
&c. to have ^j^j declared, That every fuch derk, apprentice or fervant, (haQ
n^t aTfi^Mfc avail him or hcrfdf and have fuch and the fame benefit and
of turning advantage of the time he or (he (hd| refpedtivdy have conti*
over. nued with, and ferved fuch mafter or miftrefs refpedtivdy, at

he or (he could or might have done, in cafe of any aflignmeot
or turning over to any new or other mafter or miftrefs.

CAP. XXIII.

An a6); to repair and widen the road leading from Godmancbef(er in fte
county of Huntingdon, through Fen Stanton and Cambri^^, to the
Firft Rubbing Houfe on Newmarket Heath in the county ofCaunbridge.
Tolls granttd for xt yiars.

CAR XXIV.
An aB for effeBualfy preventing the exportation of for^
linens^ under the denomination (/Britidi or Irifh hih
ens.

WHEREAS by reafin of the bounty or allowances granted ee
the exp:rtation of Britifli and Irifli Unens^ evil-nnndei

perfm

174^] Anno dedmo odavo GboKgii II. c 247 355

perjhns may fraudulefitfy indeavmr to txport linens of foreign y!r-
bnck and manufa&ure^ and to receive thefaid bounties or allowances
for the fame^ as if the fame were of the moftufaSiure of Gr^zi Bri-
tain ana Ireland : and whereas certain fiamps are required by lawy
to be put upon linens^ made in that part of Great Britain called
Scotland, and in Ireland, which may have been put on foreign
linens^ in order to vend them as linens of the manufa^ure of that
/JT/ ^Great Britain r^iZrt/ Scotland, ^tf/* Ireland 3 for remedy
ipvhereof, be it enacfted by the King's moft excellent majefly, by
and with the advice and confent of the lords fpiritual and tem-
poral, and commons, in this prefent parliament aflembled, and
by the authority of the fame. That mm and after the twenty
nmth day of September^ one thoufand feven hundred and forty
five, no (lamp mafter or lapper in Scotland or Ireland^ (hall any
way mark, (lamp, or ksA anv linens whatfoever, until fucn Stamp niafter»
(lamp mader or lapper (hall nave taken an oath for the true^^^^^^
and faithful execution of his office, before one or more juftice^*jjgg^^^^
or juftices of the peace in Scotland and Ireland refpedlively (which of their office*
oath the faid judice or juilices is and are hereby authorized and
required to adminifter) nor until after the owner or manufacflu- Linens to be
rcr of any linen brought to be marked or (lamped, (hall before^"?P*^ "*"j*
the (lamp mafler of the place, next adjoining to the place of ^[^e^™^,^
abode of the owner or maker of fuch linen, take an oath (which fafhire of
oath the faid (lamp maders, feverally and refpectively, are here- Scotland or
by authorized and required to adminider) that fuch linens de-^**^^***^
fired to be marked or damped, and every part thereof, is and
are really and truly of the manufacture of Scotland or Ireland^
and of no other place.

II. And be it further ena<5led by the authority afore(aid, That Conditlont of
no bounty (hall be paid'or allowed on the exportation of any pajring a
Britijh or Irijh linens, but on fuch only, at both ends of every oo^nty on
piece whereof the name and place of abode of the manufacturer ll?^'** export-
or maker thereof, together with the year of our Lord, wherein
the faid piece was manufactured or made ; and alfo a number,
denoting the order in which fuch piece was fo manufactured or
made in fuch year, beginning with N^ I. and proceeding pro*
greflivcly, according to the number of pieces made by fuch ma-
nufacturer or maker in each year ; and alfo the name and place
of abode of the exporter or feller thereof for exportation, (hall
be feverally marked or damped in plain, didinCt, and legible
letters, figures, and words at length; and unlefs at the ends of
every piece of fuch linen, there (hall be marked or damped in
plain, didinCt, and legible letters, words, and figures, the
month and year when, and the name of the port at which fuch
linens (hall be entered for exportation, claiming the bounty ;
and unlefs (except in the indance herein after mentioned) tht
ends of every fuch piece of linen, near which fuch marks or
damps fhall be made, (hall be whole aiul entire, as the fame
were when it was cut or taken out of the loom ; any law or
ftatute to the contrary thereof in any wife notwithdanding \ all

Vol. XVIII. A a which

354 > ^^^ decimo odavo Gfiotoli IL C. i4i t<74^«

-which marks or ftamps (hall be marked or ftamped with lamhs
black and burnt oil, in a plain, legible, and durable manner.

III. Jnd whereas it is a fr€fuent practice in Scotland, t9 atta
piece of linen after it is taken out of the loom int^ two or more fieus^
for the purpofe of bleaching or whitening the fame^ whereby one or
more offuch pieces may not have the mater* s or manufaffurer^s mme

Ficcescut for ^^^^ orfet thereon, as is herein before direifed : for remedy where«
bleaching of, be it enafted by the authority aforefaid. That every pkce
ftall be cut in ^f ^loth intended to be cut for the purpofe of bleaching or
SiOT maSur whitening, (hall be fo cut in the prefence of the (lamp mafter of
^ the place next adjoining to the place of abode of the owner of

fuch cloth, and each piece cut off, not having the mani^ada-
rer's or maker's name and place of abode ftamped thereon, (ball
be ftamped with the name and place of abode of the faid ftamp
mafter, and with the name and place of abode of the manu-
facSturer and maker thereof, together with the year of our Lord'
wherein the famfe was fo bleached or whitened, which the ftamp
mafter is hereby impc^ered and directed to ftamp thereon j and
no bounty ftiall be pa'id or allowed on exportation of any (uch
cut piece of cloth that (hall not have the faid ftamps thereon :
and if any perfon or pcrfons ftiall, from and after the twenty
fourth day of June, one thoufand feven hundred and forty five,
ftamp or mark any linens, or caufe or procure any linens to be
ftamped or marked, contrary to all or any of the direAfoils of
this ad, or (hall mark or ftamp, or caufe or procure the fame
to be marked or ftamped, with a mark or ftamp, expreffihg th^
name or place of abode of any perfon or perfons, other Uian
that of the real and true manufadturer or maker thereof, or ex*
preffing an untrue defcrjption of the real and true mrandfkAu^
rer's or maker's place oi abode, or of the year of our Lord in
which fuch linen was manufa£htred, or ot the order in which
the fame was manufactured or made, or (hall wilfully mark'Ot'
fet on any fuch linens any falfe or counterfeit ftamp, in Imita-
tion of the mark or ftamp ufed by any manufacturer or m^iir
of Britijh or Iri/b linens, or (hall wilfully or malicioufly cut <)i^
obliterate, wa(h, take out, or deftroy, or caufe or proctire td
be cut off, obliterated, wa(hed, or taken out, or deftroyc;d, aiiy
ftrkmp or mark marked or ftamped on linen, fuch perbb of

1)erfons (hall forfeit the fum of five pounds for every piec< rf
inen fo ftamped as aforefaid, to be fued for and recovered by
bill, plaint, or information, in any of his Majefty's cobrtsof
record zX,lVeflminfter^ the court of fefTion, court of tufticiary, or
court of Exchequer in Scotland^ or in any of his Majc(ly*s couits
of record in Dublin refpedHvely, wherein no eflbin, privil^i^
wager of law, or more than one imparlance, (hall be allowed;
and one moiety of the faid penalties (hall be to the u(e of the
King's majefty, his heirs and . fucceflbrs, and the other moieiy
to fuch perfon or perfons as will fue or profecute for the fame.

IV. And be it further enabled by the authority aforefaid. That
if any perfon (hall make or affix, or caufe or procure to be
made or affixed, on any iinens of foreign manufadure or fa-

brickf

iKfbotiftty
without fuch
ftamps I

Penalty on
jfitJfe ftamps :

•r on taking
•ttt ftamps :

5 1, for each
l^cc.

Fenalty of
ftamping fo-
rt ign lifl^ns

t745*] Anno dccrmft^AVO GfeoHGti 11. a 24: 355

trick, imported into Great Britain or Ireland^ any of the marks as Brldlh or
or ftamps required by law to be put on linens of the manufac- '"'^^
ture of Scotland or Ireland^ or (hall make or affix, or caufe or
procure to be made or affixed, on any fuch foreign linens, any
of the marks or (lamps hereby required to be marked or (lamp-
ed upon linens of the manufadlure of Great Britain or Ireland^
or (hall make or afHx, or caufe or procure to be made or affix^
cd, on any fuch foreign linens, anjr mark or (lamp, marks or
ihimps, in imitation of any of the faid marks or (lamps hereby,
or by any other law or laws now in force, required to be mark-
ed or (lamped on Bfitijb or Iri/h linens ; fuch perfon fo offend-
ing, and being thereof convi(fled, (hall (land on the pillory To iland in
during theipace of one hour in the forenoon, and alfo be pu- the piUory
ni(hed by (inc not exceeding fifty pounds, or by imprifonmcnt *"^ ^ ?"^
&r any time not exceeding twelve months, at the difcretion of ^Z\io^l^^l
the court before whom fuch offender (hall be convicted : and if months.
any perfon (hall, after the faid twenty founh izyoijune^ one p ,
thoufand feven hundred and forty five, fell, or expofe to fale, p^rttng fo-^**
or pack up for fale, or enter for exportation, any foreign linens reign hnent
marked or (lamped wit-h all or any of the marks or damps here- ttajnped at
t^y^ or by any other law now in force, required to be marked ?^^ ^^
ipr (lamped upon linens of the manuiaflure of Great Britain or ^^ •
Jrekntd^ knowing fuch linen to be foreign, every perfon fo of-
^ding> and being thereof convldled, (hall mrfeit the faid
linens, and the fum of five pounds for each piece thereof fo ^9 ^^^^^ ^«
ibid, expofed to fale, or packed up for (ale, or entered for ex- ^'"^*"?^^"^5U
portation, as aforefaid, to be fued for and recovered, by bill, ^^^ ^ ^^* '
plaint, or information, in any of his Majeftjj's courts of record
at IVeJlminJler^ the court of fc(fion, court of iufticiary, or court
of exchequer in Scotland^ or in any of his Majedy s courts of
^record in Dublin refpeSively, wherein no eflbin, privilege, wager In cafe of a
o£ jaw,' or more than one imparlance, (hall be allowed ; and ^^^J^"^ |j.
oiic moiety of the faid penalties Ihall be to the ufe of the King's ^^^l be Voi^
ttbajedy, his heirs and fuccedbrs, and the other moiety to fuch reign ; the '
jfieribn or perfons as will (ue or profecute for the fame : and in Oms proband^
(bafe it (hall be made a qucdion, Whether fuch linens are of the ^^^i'^"" J^*
)tianufaaure or fabfick of Great Britain or Ireland^ or of any ^ ^" *^ •
^reign country -^ in fuch cafe the Onus probandi thereof (hall lie ,
upon the claimer of fuch linen^ or the defendant in fuch adion
or fuit.

[ ; y • Provided always, and it is hereby declared, That nothing Method of
hcrtin contained (hall extend to vary or alter the method of l^aj^ping "ot
ilamping of linens of the manuftflure of Ireland or Scotland^ by ^ * * ^^^^
'^rtue of any law or laws now in force relating thereto ; but
tfcat, befides the marks or damps herein before mentioned, all
%XQ\i linens (hall be marked and damped in the fame manner at
"Ihe fame ought to have been if this a<5l had not been made.

h^% CAP,

25^

Set so Geo.
X. c. 36.

Further boun-
ty of a half-
penny per
yard for lin'
ens of value
from 5d. to
ltd. per yard;
and id. half-
penny per yard
from 18. to IS.
«d.

to l^ export-
ed from June
»4, i745» to
March 15,
17501 Sec,

15 8c 16 Geo,
t. c. 29.

Lmens export
ed to Gibral-
tar or Minor-
' ca intitled to
like bounties.

Provifo.

Anno decimo o£i:ayo GeoRGII II. C. Igi [i745«

CAP. XXV.

/in all for allowing certain additional bounties on the expor-
tation of Britifh and Iriih linnens.

WHEREAS the manufaP.urei of linensy made in the Ung"
doms ^ Great Britain and Ireland, are of late years greatly
improved and increafed^ whereby the price of linens^ as well of fo-
reign as of home fabrick^ hath been conftderably reduced ; and then is
reafon to believe^ that thefaid manufa£lures of linen would be greatly
improved^ and the exportation thereof to foreign parts conftderably in*
creafedy if an additional bounty were allowed on j// Britilh j«/ Irifti
linens exported^ as is herein after mentioned \ Therefore may it
pleafe your Majefty, that it may be enaded ; and be it enadted
by the King's moft excellent majefty, by and with the advice
and confent of the lords fpiritual and temporal, and commons,
in this prefent parliament aflembled, and by the authority of
the fame. That from and after the twenty fourth day of june^
one thoufand feven hundred and forty five, there (hall be allow-
ed, over and above the bounty or allowance already given, a
further bounty of one halfpenny for every yard of Britijh or
Irijb linens made of hemp or flax, of the value of five pence
peryzrd^ and not exceeding the value of twelve pence ^^ yard ;
and a bounty of three halfpennies for every yard of fuch Britijh
and Iriflj linens, of above the value of twelve pence per yard,
and not exceeding the value of one Ihilling and fixpence/fr yard,
which between the faid twenty fourth day of Junej one thou-
fand feven hundred and forty five, and the twenty fifth day of
March^ which will be in the year one thoufand feven hundred
and fifty, or at any time thereafter before the end of the then
next feffion of parliament, (hall be exported out of Great Bri-
tain to Africa^ America^ Portugal^ Gibraltar ^ or the ifland oi Mi-
norca^ or which (hall be exported to Spain from and after the
time that it (hall be lawful to export fuch linens to that king-
dom, the fame to be given and paid out of the money that hath
arifen, or (hall arife, by an a6t of the fifteenth and fixteenth
years of the reign of his prefent Maie(ly, intituled, An a£f for
\r anting to his Majefly an additional duty onforeipi cambricis im-
ported into Great Britain, and for allowing thereout a bounty upn
certain fpecies of Bnxidi and Irim linens exported*

II. And it is hereby further cnadted by the authority afore(aid.
That Britijh or Trijb linens of the refpedtive values mentioned in
the faid adt of the fifteenth and fixteenth years of his prefent Ma-
jefty's reign, which (hall be exported out of Great Britain to Gi-
braltar^ or the ifland of Adinorca^ (hall be intitled to the boun-
ties and allowance thereby given on the exportation of the like
fpecies of linens to Africa, America, Portugal, or Spain, rcfpec-
tively.

III. Provided always. That the exporter or feller for expor-
tation of fuch Britijh and IriJb linens (hall, in his entry thereof,
exprefs the quantity and value, and likewife indorfe, on the coc-
quet granted upon fuch entry, the true quantity and value of

the

. '745-] Anno dedmo oftavo Georgii II. c. 25. 357

^he faid linens intended to be (hipt; and moreover (hall, before
he receives any Aich bounty, produce ^ certificate from the Condiiioiw of
fearcher or other proper officer appointed to fee the fame (hip- bL^ifntv"^ *^*
ped, verifying the (hipping thereof; and (hall likewifc give fuf- ^'
fident fecurity to the collector or cu(lon\er of the port, in the
penalty of double the value of the goods intended to be export-
ed, and one hundred pounds ; which fecurity they are hereby
impowered to take in the name, and to the ufe 01 his Majefty
his heirs and fucceflbrs, that fuch linen fo (hipped, or intended
to be (hipped, or any part thereof, (hall not be relanded or
,brought on (hore again in any port or part of Great Britahy Ire-
hndy or the IJle of Man ; and (hail alfo, before he receives any
fuch bounty, make oath, or being a Quaker a folemn affirmation
(^ which oath or affirmation the proper officers of the cuftoms
bavc hereby power to adminifter) of the refpedive values of fuch
iUnens u^on which the faid bounties refpedlively are granted,
and that the fame were made in Great Britain or Ireland^
\v/|V. Provided always, and be it further enadled by the authority No Irifli linen
^prelaidy That no Imen of the manufafture of Ireland^ to be ex- »nt>^l«d unlefe
i^itipd from Great Britain^ (hall be intitled to the bounty^ but ^^^P^^Pf^Jl^
•fiicb a^ ihallbe, at the time of fuch exportation, the property of dent in Great
^ perfon or perfons rcfiding in Great Britain^ or in fome of'^his Britain or
.Majefly's colonies or plantations in America^ of,^ich the ex- America.
porter or feller for exportation of fuch Irijb lincrt is hereby re-
mjioed to make oath (or being of the people called ^akers^ a
iqlemn affirmation) which oath or affirmation the proper officer
»or officers of the cuftoms have hereby power to adminifter.

V, Provided alfo, That nothing in this a<ft contained (hall No ftripcd,
«tcnd, or be conftrued to extend, to give any bounty on any ^^qyered,
iinens that are ftriped or chequered, or made into buckrams or tit^icd"*"' ^^'
tUletings. '

* "Vl. Provided alfo, and it is hereby enaScd, That no linens nor lefs than
ftiall be intitled to any of the bounties given by this or the (aid J^'"j^^*
fprjner aft, which (ball not be of the breadth of twenty fix in- ^^ '
,^cs, or upwards.

. ' VII. And be it enafied by the authority aforefaid. That the Species of
.Ijpccics of IriJb linen made of flax and hemp, whereof the piece '"*» ^^'^^
jQS bolt contains thirty eight yards in length, and twenty four in- *"* ^*^ ^ ^*
ches in breadth, ana cloths of different lengths and breadths in
^proportion, frpm number one, to number ten inclu(ive, which
(hjill weigh fifteen pounds weight, or upwards, to forty pounds
.Wcigl^t, as the fame is defcribedinana<5tmade in the nmth year 9 Geo. 1.0*37.
xjf the reign of his prefent Majcfty, intituled, Jn a Si for the fur-
ther encouraging and regulating the manuf allure of liv\xm\ fail cloth ^
*and for the more effectual fecuring the duties now payable on foreign
fail cloth imported into this kingdom \ (hall not be intitled to any
bounty or reward by virtue or in confequence of this a6l j any
thing in this or any former aft contained to the contrary in
any wife notwithftanding.

VlII. And it is hereby further enaftcd by the authority afore- Linens reland-
/gid, That if any Britijb or Jrijh linens, for which the bounty edj to be for-

Aa3 ftaU

358 Anno dccimp pflt^vo G£0R6ii 11. c. 25; [i 745;

leited, aiid>d. (hall have been given or claimed, (hall be rdanded in Gnti
per yau-d. Britain^ Ireland or the IJk of Many the fame (hall be forfeit^,
and every pcrfon concerned in bringing back or relanding the
lame, (hall forfeit twelve pence for every yard fo brought bad
or relanded.
Means to pre- ^^' And to prevent linens exceeding the value of eighteen
vent linent pence per yard, being exported for the fake of the bounty, belt
•xcccding turther ena<5tcd by the authority aforefaid. That the colledor
isd. per yard, ^j^ J comptroller, or other proper oflScers of the cuftoms, may
td^^c!^^'^ open, view, and examine any or all fuch linens, as (hall be en-
tered at the value of eighteen pence per yafd, or under, and
coifipare the fame with the value and price thereof, fwom iO|
or affirmed in the entry and indorfement on the cocquet ; and
if, upon fuch view ana examination, it (hall appear, that ail or
any pieces of fuch linen are of greater value than eigh een pence
per yard, then, and in fuch cafe, the exporter or feller, of fuch
goods for exportation (hall, on demand made in writing by the
cuftomer or colledor, and comptroller of the port where fuch

f;oods and merchandizes are entered, deliver or caufc to be dc-
ivered, fo many pieces of fuch linen as (hall be demanded by
the faid oflicer, into his Majefty's warehoufe at the port of ex-
portation, for the ufe and benefit of the crown j and upon fuc^
delivery, the cuftomer or colletSor of fuch port, with the privity
of the comptroller, (hall, out of ^ny money in the hands of
fuch cuftomer, or colleftor, arifing'by cuftoms or other dutic§
belonging to the crown ; pay to fuch exporter, or feller for ex-
portation, the value of nineteen pence per yard, taking a receipt
for the fame from fuch exporter or feller for Exportation, in full
fatisfa(5lion for the faid goods, as if they had been regularly
i9d. pervard fold; and the refpeftive commiflioners of the cuftoms (hall
^^Pfj!^^^^^caufe the faid goods to be fairiy and publickly fold forth?
iiichlinois!^'^ beft advantage, and out of the produce thereof, the money
fo paid or advanced as aforefaid, (hall be repaid to fuch cuU
tomer or co!le<Sor, with the privity of the comptroller, to b^
replaced to fuch funds from whence the fame was borrowed,
and the overplus (if any) (hall be paid into his Majefty's exche-
quer, towards \\\c fmking fundy by the title of 77;^ additional du-
Linens refufcd '-^ ^'^ cambricks : And in cafe the exporter or feller for exporta-
at that price, ^ion of fuch linens (hall, on demand made in writing by the
cuftomer or coliedlor, and comptroller of the port where fuch
linens are entered for exportation, refufe to deliver, or caufe to
be delivered, all or any of fuch linens, into his Majefty's ware-
houfe at the port of exportation, for the ufe and bene(it of the
crown, and to receive from the faid officers of the cuftoms at
the faid port, the value of nineteen pence ^/r yard for fuch lin-
ens, in full fatisfa<5lion for the fi^ine ; or ir fuch linens (hall be
or lefs in 1^^^ ^^ quantity, than (hal{ be e]^pre(red in the faid indorfement
quantity than on the faid entry or cocquet, or if the fame (hall be entered and
entered, or indorfed under a wrong denomination, then, and in every fuch
a wronl denS^ cafe, all fuch linens which (hall be fo refufed to be delivered, or
minatioo, for- which (hall appear to be lefs in (quantity than expreflfed in fuch
leited. . . : • .... • indorfc-

^74^.] AnaodedmooAavoGBORGiiII. c. 25. • . ggg

indorfement, or entered and iadorfed under a wrong denomint--
tion, (hall be forfeited and loft, and (hail and may be feized by
any officer or officers of the ciiftoms.

A. And in order to prevejt^t abufes, by exporting linens^
ivhich (hall be under the value of five pence ^r yard, when the^^^J^^^
exporter or feller (hall, in his entry and indorfement on his coc- taining bou^
quet, exprefs, that the value thereof is five pence, or upwards, ti^,
per yard, in order fraudulently to obtain 9 bounty of one pen-
ny, inftead of a halfpenny, per yard, or under the value of fix
pence per yard, when the exporter or feller for>^portatioit (hall
^xprefs the value thereof to be (ix pence, or upwards, per yard,
in order fraudulently to obtain a bounty of three halfpence, in«
fiead of one penny, p^ yard ; be it further ena<3^ by the au-
thority aforelaid. That it (hall and may be lawful to and for any Officer maf
fearcher, or other proper officer, after the entry of any of the*^°^"^ ^
(aid goods, and before and after the (hipping thereof, to open^^^'*
and (mdUy examine, any bal?, trufs, cheft, or other package^
to fee if the goods are rightly entered and indorfed on the coc-o
quet ; and if; on fuch examination, the fame (hall be found to
l>e right entered and indorfed, the fearcher (hall, at his own
charge, caufe the fame to be repacked ; which charge (hall be
allowed to the faid officer by the commiffioners of the cuftoms,
if they think it reafonable ; but in cafe the officer (hall, on ex-
amination, find fuch goods to be le(s in quantity than (hall be
expreded in the indor^ment in the exporter's or feller's entry or
cocquet, or (hall find any part thereof to be under the value^^]^^ |
pcprefTed in the indorfement on fuch entry or cocquet, or that quantity, •r
the goods (hall be entered and indorfed under a wrong denomi- under the va-
pation, or that the fame are not of the manufadure of Great lue, or undef
Britain or Ireland^ whereby his Majefty would have been de- *J2^uon*
lauded, all the gooJs contained in all and every the Package, fo^^f^^f^^^
or packages indorfed on the faid entry or cocquet, may be feized
by any officer or officers of the cuftoms, and the fame (hail be
forfeited and loft, and the owner or merchant (hall lofe the be*
ni^fit of receiving the bounty for fuch goods.

XI. jfnd whereas J in many ports of the kingdom of Great Bri- pi-^^jfioj^
tain, from which Britifh or Irifh linens may be export^d^ there maymzdt for ^
not hi fo much colle^ed and received by the additional duty on cam- deficiency in
l^ricMs, granted by the faid a^ made in ihe fifteenth and fixteenth year s^^^^^y^"^^
of his prefent Majejlfs reign j as may bejufficient to pay the bounty ccrtaiTpomi
aUoxved by this and the fatd former a£l^ whereby the export^erSy or
fellers for exportation^ at fuch port s^ cannot have the benefit of the faid
taunty ; for remedy thereof, be it ena<fted by the authority afore-
faid. That if any of the colledlors of the cuftoms in any of the
out-ports in South Britain^ or of any port in North Britain^ (halj
pot have fufficient money in his hands, arifing by the faid ad-
ditional duty, to fatisfy and pay fuch bounty which (hall be due
to any exporter, or feller for exportation, of Britijb oxirifl) lin-
ens as aforefaid, that then fuch coUedlor of any of the faid out- collcftor t^
ports in South Britain^ (hall, (if required) give to the perfon in- give acertifi<*
^tled to fuch bounty, a certificate, withoyt fee or reward, un-cates

Aa4 ^cr

3$o \knxiO decimo odavo Georgii IL c. 2^; [1745.

*der bis hand, attefted hy the comptroller, of what b due to
fiich perfon for fuch Britsjbot Irijh linen fo exported, from tirf
certifying the fuch port in South Britain^ certifying to the comaiiflioners of
dc^^^cy to his Majefty's cudoms at London^ that he hath not money in bis
fi**Sso?ra- ^^"^^^^ ^"f^" ^'^"* the duties granted by the faid adl, fufiicient
iSw at Lon^ ^ P^Y ^^ f^"^® > *"d '^ch collcaor of any port in North iri^
donorEdin- tain^ (hall like wife, (if required) give to the perfon demanding
t>urgb| fuch fum or fums of money, lawfully authorized, without fe(,

or reward, a certificate under his hand, to the commiifiooersof
his Majeft/s cuftoms at Edinburgh^ of what is due to fuch per-
fon, for the bounty pf the Britift) linens exported from any fudi
port in North Britain ; and upon producing fuch certificate and
the debenture of the linens exported, to the commiffioncn
there, they are hereby required, in cafe there be any money in
the hands of the receiver general, or cafhier of thecuftoms there,
arifing by the duties granted by the faid a£l, to pay or caufe to be
paid to tiie perfon producing (uch certificate and debenture, be-
ing authorized as aiorefaid, the fum or fums of money fo certi-
fied ; and if they have not fufficient to pay fuch fum or fums of
^loney, they (hall forthwith, without fee or reward, give fuch
exporter, or feller for exportation, a certificate, certil^ing the
fame to the commifTioners of his Majefty's cuftoms at Limd^ni
which refpedlive certificates being affixed to the debentures, for
the bounty of the faid linens fo exported, and being produced to
the faid commifTioners of his Majefty*s cuftoms at London^ they
the faid commiflloners are hereby authorized and required on de-
mand, by the perfon authorized as aforefaid, that (hall bring
the fame, to caufe the monies thereby due, to be paid by the
receiver general, or ca(hier of the cudoms, without fe^, or re«
- ^ p^d out ^^^» ^"^ ^^ ^"^^ monies as (hall be in his hands, arifing out
^ the duties ^^ ^^^ duties granted by the faid a<5t of the fifteenth andfix*
printed by tcenth years of his Majefty's reign, for the payment of the (aid
15 Geo. %. bounty ; and in cafe fuch receiver or ca(hier (hall not have mo-
^ •^^ ney in his hands fufiicient for paying the whole of fuch fum or

fums of money fo certified as aforefaid, he is hereby authorized
and required to pay the fame, fo far as the money in his hands
will then go, and the remainder, from time to time, as the mo-
ney arifing by the duties granted by virtue of the faid a<5>, (hall
be by him received j and he is alfo hereby required to obfervc a
due courfe of paying fuch debentures, in the order of time which
Jhey (hall be produced or prefented to the commifTioners of the
Debentures to euftoihs, who (hall caufe fuch debentures to be numbered pro-
be.numbered. gre(Tively, as they (hall be prefented to them, or to the officer

pr officers appointed by them to receive the fame. .

Bonds and XII. And it is hereby further enadted by the authority aforc-

debentures faid. That all bonds taken or to be taken, and all debentorcs

exempt from made or to be made, purfuant to this a6l, (hall not be chargc-

(Unip duties, ^^y^ ^j^j^ ^ ^f ^j^^ duties upon ftampt vellum, parchment, or

paper ; any law or ftatute made or to be made to the contrary

nctwithftanding.

XIIL And be it further enadled by the authoritv aforefaid.

That

'745-] -A^™^ decimo oftavo GsoRCii II. c. 26. 361

That if any perfon (hall falfely make any oath or affirmation, Penalty of
by this a<ft directed to be made, and (hall thereof be legally con- ^*^'^ ^*^^ .
viAcd in any of his Majefty's courts of record in Great Britain^ prifonmcnt"*'
fuch perfon fo guilt]^, (hall forfeit the fum of two hundred 1% months,
pounds, and be imprifoned for twelve months.

XIV. And be it further enadted by the authority aforefaid. Penalties how
That the feveral penalties and forfeitures in this adl mentioned, to be deter-
fhall and may be profecuted and determined by bill, plaint, or »nined,
information m any of his Majefty's courts of record at IVeflmin-

/tiTy or in the court oi Exchequer in Scotland refpe6^ivcly, where-
in no efllbin, protection, privilege, wager of law, or more than
one imparlance, (hall be allowed ; and one moiety of the faid
penalties and forfeitures (hall be to the ufe of the King's majef-
ty, and the other moiety to fuch perfon or perfons as will fue for
or profecute the fame ; and in cafe in any fuch fuit, it (hall be
made a queftion, whether any fuch linens are of the manuEsic-
cure or fabrick of Great Britain or Ireland^ or of any fomm Onus proband
country, in fuch cafe the onus probands thereof Ihall lie upon the on the ex.
exporter or feller thereof for exportation. porter.

XV. And be it further enafted by the authority aforefaid.
That if any aSion or fuit (hall be commenced aninft any per-
fon or perfons for any thing done in purfuance of this aA, the
defendant or defendants in any fuch action or fuit may plead the

general liTue, and give this a<£l, and the fpecial matter in evi- General iffue.
dence, at any trial to be had thereupon, and that the fame was
done in purfuance and by the authority of this acft ; and if it
(hail appear fo to have been done, the jury (hall find for the de-
fendant or defendants ; and if the plaintiff (hall be nonfuited,
or difcontinue his adtion, after the defendant or defendants (hall
have appeared, or if judgment (hall be given upon any ver-
di<5t or demurrer againft the plaintiff, the defendant or defen-
dants (hall and may recover treble cofts, and have the like re- Treble cofti.
medyfor the fame as any defendant or defendants have in other
pafes by law*

CAP. XXVI.

/f» afff&r repealing tbeprefent inland duty of four Jh tilings
ptr pound weight upon all tea fold in Great Britain, and
for granting to bis Majefty certain other inland duties in
lieu thereof \ and far better fecuring the duty upon tea^ and
other duties of excife\ and for pwrfuing offenders out of one
county into another.
May itpleafeyour mofl excellent Majejly^

WHEREAS by an a5l of parliament made andprjpd in the ,© Geo. i'.
tenth year of the reign of bis late majejly Ung George the c. xo.
Firjl of glorious memory (intituled^ An adt for repealing certain
duties therein mentioned, payable upon coffee, tea, cocoa nuts,
:hocolate, and cocoa parte imported, and for granting certain
inland duties in lieu thereof, and for prphibiting th^ impqrta-

• tion

fijSa Anno decimo octavo GkoRGii II. c. 26. [174$;

tion of chocolate rea*dy made, and cocoa pafte; and for betttr
afcertaining tfie duties payable upon coffee, tea, and cocoa nuts
imported ; and for grantm^ relief to Rabin Dahzill late earl of
Cktrmvath) an inland duty^ after the rate of four Jbillings per pomd
fvdght averdupois^ and in tkit proportion for a greater or Ufferfiuh
tity, was impojed and charged upon all tea to be fold in Great Britain,
from and after the twenty fourth day of June, one tbo^and Jeven
hundred and twenty four^ over and above all cuftoms^ fubfidiiij md
duties^ which Jbould then remain payable to his 'Majejiyfor thefame^
upon importation thereof y to be paid in manner as in toe feud aS i\
direSied: and whereas great frauds and abufes have been committd
by the clandefine importation of tea from parts beyond the feasy o\
clfo by fraudulent relanding thereof {after the fame hath been ex* ,
ported from this kingdom to foreign f>artSy and the duties thereupm
drawn back) without paying any duties for fucb tea^ contrary to the
true intent and meaning of the feveral a6ls of parliament relatmg to
fhe faid duties j and to the manifeji prejudice of the fair traders k
the faid commodity : for remedy whereof, and for the gre^uer dit
couragement of the pernicious and illegal pradices of unlaw*
fully importing and clandeftinely running and landing of tea,
^d alfo for the more effedhial fecuring to your Majefty a reve-
flue to arife by the duties thereupon; we, your Majefty's moft
dutiful and loyal fubjeds, the commons of Great Britain in parr
liament aflemblcd, do moft humbly befeech your Majefty, that
it may be enaded; and be it ena£ted by the King's moft excel-
lent majefty, by and with the advice and confent of the lor4$
fpirituaf and temporal, and commons, in this prefent parliament
Dutyof 4S» aflembled, and by the authority of the fame, That from and
f G«/^** ^^ ^^^ twenty fourth day of June^ one thoufand feven hundred
cfiQ^to^ife! and forty five, ^hc inUnd duty of four (hillings //r pound upoa
* tea, granted by the before recited a<a of the tenth year of the
reign of his faid late majefty King George the Fir ft, (hall ccafc,
determine, aiid be no longer paid or payable; any thing in the
faid adt to the contrary thereof in any wife nqtwitbftanding.

II. And be it further enacSled by the authority aforefaid,
That from and after the faid twenty fourth day of June^ one thour
fand feven hundred and forty ftve, in lieu of the faid dyty by
thisad repealed as aforefaid, the inland duties herein after men-
tioned, ftiall be and are by this adl charged upon all tea, which
(hall from thenceforth be fold in Great Britain^ in manner
herein after mentioned; (that is to fay) one (hilling per pound
II. per lb. and weight averdupois, and in that proportion for a greater or lefler
»sl* pcrcen- quantity, and al(o a further duty of twenty five pounds for every
price on all ^^^ hundred pounds of the grofs price at which fuch tea (hal|
MI fold by be fold at the publick fales ofthc united company of merchants
the Baft India of England trading to the Eaji Indies^ and j)roportionably for a
•ompanyi greater or leflTer fum, over and above all cuftoms, fubfidies, and
duties payable to his Majeftv for the fame upon the importation
when to be thereof; which faid feveral duties of one (hilling per pound
paid. weight, and twenty five pounds per centum^ (hall be paid down

la ready money by the proprietor or proprietors of fucb tea, or

1 7450 Anno dccimo oftavo Geojioii II. c. 26. ^

Cuch perfon or perfons as (hall be appointed by him, her^ .pr
them, to the receiver or coIle<5tor of the faid inlaod duties, be-
fore Aich proprietor or proprietors, or other perfon or perfoos,
fliaH receive or take out, for any purpofe whatfoever, fuch tea
from the warehoufe or warehoufes, wherein the fame is appoint- .
cd to be lodged by the before recited aft of the tenth year of
the reign of his faid late Majefty, according to the diredtions of
of the faid ad, concerning tea taken out of fucb warehoufe or
vvarefaoufes.

Ill: And for the better afcertainlng, charging, collefling,
levying, raifing, paying, and fecuring the feverad rates and
duties by this a^ impofed, and for preventing frauds concerning
the fame; be it further ena£ted by the authority aforefaid. That Commifnonets
fuch commilTioners, or perfons as now are appointed, or here- appointed in
after (hall be appointed, in purfiiance of the faid a<5l of the tenth pttrfiiancc of
year of the reign of his late majefty King George the Firft, (hall ^u£;'^^
be his Maidhr's commiflTioners for the receipt and management miffioncrs for
of the faicl inland duties by this adt charged and impofed upon the dutiei by
tea as aforefaid, and that all arid every the powers, authorities, thitaft;
direetions, rules, methods, penalties, forfeitures, claufes, mat-
ters, and things (not otherwife altered by this a6t) which in and with like pow«
bjr the faid recited aA are provided, fettled, or e(labli(hed, for en. Sec
raifing, levying, collediing, paying, recovering, adjudging, or
afcertainlng the faid duty of four (hillings per pound weight up-
ofi tea thereby granted, or by any other adt concerning the duty •
upon tea, (hall be exercifed, praAifed, applied, ufed, levied, re-
covered, and put in execution, for the rai(ing, levying, colIeA-
in^, recovering, and paying the duties by this adt granted, as
jfuTly and effedtually, to all mtents and purpofes, as if all and ^
every the faid powers^ authorities, rules, diredions, methods,
penalties, forfeitures, claufes, matters, and things, were par-
ticularly repeated, and again enabled, in the body of this pre-
f«it ad ; any thing in this or any former aft to the contrary ^
thereof in any wife notwithftanding.

'IV. Provided always, and it is hereby enafted by the autho- p^jes appro-
irity aforefaid. That from and after the faid twenty rourth day of priatcd to the
yune, one thoufand feven hundred and forty five, all monies fame ufes as
arifing by the faid inland duties by this aft charged and impoffcd, the 4s. per lb.
Ihall be appropriated, i(rued, and applied, and the fame are
hereby appropriated and made payable to the fame ufes, intents,
and purpofe$, as the duty of tour (hillings per pound upon tea
vras appropriated and made applicable, by the faid aft of the
tenth year of the reign of his late majeftv King George the
Firft, and (hall be alfo fubjeft and liable to the fame redemption
by parliament, its the faid dutv of four (hillings per pound was
by the faid aft fubjeft and liable unto.

V. And whereas by feveral aUs of parliament now in force^ fe^
veral drawbacks or allowances are directed to be paid upon the expor--
tation of tea^ which have tempted many exporters thereof to commit
freat frauds and abufes^ to toe prejudice of his Majefty* s revemu^
Md the fair traders: for remedy vyberciofj belt cnafted by the
. ' , autho-

0>

Anno decimo oftavo GeoRGII U. c. 26. [1745.

authority aforcfaid. That no drawback whatfoever (hall \k it

for tea ot^ lowed or paid for any tea which (hall be exported, or (hipped to

ported. be exported at any time or times after the (aid twenty foank

day of June^ one thoufand feven hundred and forty bve, and

that no debenture or certificate (hall be granted or made fionh,

for or in order to the repayment or drawing back of the dudct

upon any I'uch tea fo exported, or (hipped to be exported, after

the faid twenty fourth day of June^ one thouCind feven hundred

and forty five, but fuch drawback or repayment (hall from

thenceforth ceafc, determine, and be no longer paid ; any law,

ftatute, or provifion to the contrary thereoi in any wife nat-

withftanding.

Meant to pre- ^^' ^"^ "^^ ^^ preventine any difputes that may arifc toncfa-

veiitdirputes' ing the price at which teas mall be fold at the publick fates of

roucliing the the united company of merchants of England trading to tbeij|i

price Indm^ be it further enadted by the authority afore(aid. That ne

corami(rioners whoare or (hall be appointed for the managesient

of the faid inland duties, or the major part of theai for the time

being, (hall have power to conftitute, under their hands azid

Oflicertto at- ^^als, fuch and fo many officers as they (hall find needful fof

tend the fales attending the faid publick fales, and take an account of the names

of tea^ and of the feveral buyers, and price at which each and every lot of

report the ^^^ ^^^ y^^ f^jj^ ^j^ j ^^ thereof make returns or reports. ia

pnceon o , writing, upon oath, to the faid commifTioners; and from fuchsD* ,

ports or returns the charge of the faid dutjP of twenty five pounds

fer centum upon the grofs pnce of tea impofed by this act (haH ;

be fettled and afcertained: and for the preventing miftakes, aod

better regulating fuch charge, it (hall and may be lawful for fuch

• officer or officers, at any time or times, upqn requeft made to the

court of dire£lors of the faid company, to infpc(5t all and everf '

. . ^ fuch book or books as (hall be appointed and kept for taking an

thccompany'8 account in behalf of the faid company, of the particular price

books. and prices that tea (hall from time to time be fold for at their

feveral publick fales; which book or books the faid court of. di«

redlors is hereby required, from time to time, to produce toiudi

officer or officers fo demanding the fame, j

VII. And whereas many per fom do frequently^ at fales firtBA^ 1

by the faid united company^ bid for ^ and are diclared befi biidtn^

for large quantities of tea^ without intending or being able to payfv

the fame^ unlefs fuch tea Jbould after fuch fales rife in price^ if

means whereof, the prices of tea are frequently raifed^ and the rwh

ning of tea will be Jiill encouraged \ tor remedy whereof, be it Ob

Bed bidder to ®^^^ ^^ ^^^ authority aforefaid. That every perfon who ihall at

dcpofit 4.0s. any publick fale of tea, made by the faid united company, be

for every tub declared to be the beft bidder or bidders for any lot or lots of to,

and chcft iii 3 fl^all within three days after being fo declared the beft bidder er

^*^'** bidders for the fame, depofit with the faid united company, or

fuch clerk or officer as the faid company (liall appoint to receive

the famc^ forty (hillings for every tub, and for every cheft of tea;

and in cafe any fuch perfon or perfons (hall refiife or ncgledk to

snake fuch depofit within the time before limitedj he, (he, or they

(haH

745-3 Annodecimoo6UvoGEORGii II. c. 2^. 3^5

^laU forfeit and lofe fix times the value of fuch depofit, direded ^ .
3 be made as aforefaid, to be recovered by aftion of debt, bill, ^ fmM Sic
tlaint, or information, in any of his Majefty's courts of record value of tht
t ffyimin/ierj vrherein no elfoin, protection, or wager of law, faiddepofit.
Mr more than one imparlance (hall be allowed, one moiety of
vhich forfeiture (hall go to his Majefty, his heirs and fucce06rs,
ind the other moiety to fuch perfon as (hall fue or profecute for
he fame ; and the lale of all teas, for which fuch depofit (hall
le negledted to be made as aforefaid, is hereby declared to be xhe teas to be
lull and void; and all fuch teas (hall be again put up by the faid put up agun
mited company to publick falc, within fourteen days after the *** '♦ dayi,
md of the fale of teas, at which fuch teas were fold; and all and
nrery buyer or buyers, who (hall have neglected to make fuch
lq)o(it as aforefaid, (hall be, and is, and are hereby rendered
ncapable of bidding for, or buying any teas at any future pub-
ick fale of the faid united company.

VIII. Jnd whereas the feveral dealers in tea^ and other traders^
libje^ to the furvey of the officers appointed by the commijjioners of
rxcife^ are required by the laws concerning the duties of excife^ and
fther duties under the management of the faid commifjionersj to make
*rue and particular entries of Jbops^ warehoufes^ rooms ^ places y and
itenfilsy by them made uje of for carrying on their refpe^ive trades i
tnd whereas many perfons^ in order to avoid fuch penalties as they
may incur by offences committed againfl the faid JawSj have of late
frequently made^ or procured to be made^ fuch entries in fihitious
names J or in the names of mean and obfcure perfons, of little or no
Ability or fubflance^ ana who have little or no inter efl or property in
the Jlocl of fuch trades \ and whereas many fuch traders^ being the
real proprietors and owners of fuch JbopSy and other places^ and who
generally attend in fuch Jhops^ and carry on their refp{5live trades
tberey pretend to be only fervants or managers to fuch fihitious or
obfcure perjons^ and do refufe to difcover the places of rejidence of
fuch pcrfons-i in whofe names fuch entries have been made^ whereby
great frauds pafs unpunijhed\ for remedy whereof, be it further
enacted by the authority aforefaid, That from and after the faid Means to pre*
twenty fourth day of june^ one thoufand feven hundred and vent frauds
forty five, any entry now made, or hereafter to ht made, of n^,^^^'^
any (hop, warehou(c, room, place, or utenfil, to be made ufe "
of for carrying on any the trade or trades aforefaid, (hall not be
deemed or taken to be a legal entry, unlefs the fame be made in
the name of the true and real owner or owners of, and trader
and traders in fuch (hop or place; and that the perfon or perfons Perlbn aaing
who (hall adl as vifible owner, occupier or proprietor, owners, j* ^^^'Jwu
occupiers or proprietors of any fuch (hop or place whatfoever, rcal"owuerf
or principal manager or managers in the carrying on fuch trade
there, (hall be deemed and taken to be the real owner and trader,
owners and traders, and (hall be fubjedt and liable, as fuch, to
all duties, penalties, and forfeitures, impofcd by any a6t re-
lating to the duties of excife, or any other duty under the man-
agement of the faid commifTioners, for or by reafon of any (tock,
goods, or commodities made, kept or found there, or for not
2 making

1^6 Arino decimb dftavo GEokdii ll. c, 26. [1745;

inaking true and particular entries of Aich (hops, places or u<

tenfils, according to law, or for any other offences commiticd,

or that fhall be committed by the owners, traders^ dealers in,

or makers of any fuch goods or commodities of, at, or in fuch

Cood<i,&c. (hops or places; and that all dock, goods, commodities, ani

founciin places utcnfils, which (hall be found in or upon fuch (hops or places,

of trade, iub- (hall be fubjcA to, and charged with all fuch duties, penalties,

1^' and forfeitures.

* IX. And whereas feveral quantities of tedy ivhich have alrecij

been^ $r may he fold at the pubiick fales by the faid uniled company ef
merchants of England trading to the Eaft Indies, may happen to it
end remain on the faid twenty fourth day of June, one thoufaid
feven hundred and forty five^ sn fome one or more of the warehsufcs^
toGeo.i.c.iow appointed in purfuance of the faid ail of the tenth year of the reifji
of his faid late majejfy King George the Firji^ it is therefore pro-
Teas foM,and vided, enaded and declared by the authority aforefaid. That all
remaining in f^^y^ ^eas which have been fold, or (hall be fold before the laid
hcmfe*'li4blc. twenty fourth day of June, one thoufand feven hundred and
' ' forty five, and which neverthelefs (hall remain and be found ia
fuch warehoufe or warchoufes on the faid twenty fourth day of
June, one thoufand feven hundred and forty five, (hall be liaUe
to, and be charged with the aforefaid duties of one (hilling per
pound weight, and twenty five pounds per centum upon the g^
price of all teas taken out of fuch warehoufe or warehoufesi
Means of af. ^^ for afcertaining and adjufting the faid dutjr of twenty five
S^ of"»d P®"^^^ P^ centum on the grofs price, the faid united conipany of
per cent. * merchants of England trading to the Eafl Indies, (hall and art
hereby required to lay before the faid commiflioners, for the laid
inland duties by this a6t granted, a lift of the names of the per-
fons to whom the teas, remaining in any fuch warehoufe dK[
vi^arehoufes on the faid twenty fom-th day of June, one tboulaa^
feven hundred and forty five, were fold, together with the pnW
at which the fame were fold at the faid company*s pubiick (ale|
and that the faid united company are hereby alfo required topdr^
mit the ofiicer or officers, (or the duties by this a6t grant^
who (hall be appointed to attend the pubiick fales of the (aid
united company as aforefaid, upon requeft to the court of dir
re^ors of the faid company, to infpe^t all and every their bocjt
and books, containing the names of the feveral perfons, to whoa
any tea remaining in any fuch warehoufe on the faid twentjf
fourth day of June one thoufand feven hundred and forty fii^^
were fold, ancl the particular price or prices at which the faiQf
were fold; any thing herein before contained to the condvf
thereof in any wife notwithftanding.

X. And whereas it may happen, that the tea imported by the fM

united company of merchants oj England trading to the Eaft Indics»

may not alvjays be fufficient to anfxver the confumption thereof ii

Great Britain, and to hep the price of tea in this kingdom upon a

equality with the price thereof tn other the neighbouring countries oJ

Ia(l India Europe; be it therefore enabled by the authority aforefaid, TTwt

Srt tcr""^ HI every fUch cafe, it (hall and may be lawful for the faid united

^ com*

t^45-1 -^^^ dedmo o^vo Georgii IL 0,26. 367

ompany of merchants of England trading to the Eajl Indies^ and ^.
heir fucceflbrs, to import into Gnat Britain^ in Britifl) (hips o^EuropIT^
lavigated according to laW) fuch quantities of tea as they (haU fubjsa to the
Jiink neceflary frodi any parts of Europe^ fubje^l to the feveral duties,
iaties payable for tea conuimed in Great Britain^ and alfo to the
ame rules, methods and dire£tions, as are prefcribed and given
irith refpedt to tea imported by them from the Eaji IndieSj fo as
lotice be firft given to the commiflioners of his Majefty's trea-
sury, or the high treafurer for the time being, of the quantity of
tea fo intended to be imported, with the name of the (hip and
mafter, or commander, in which the fame is to be laden, and taking a li-
taking a licence under the hands of the faid commiflioners of cencefromcbe
the treafury, or any three or more of them, or the faid high trcafiiry.
treafurer for the time being, for the lading and importing there-
of as aforefaid, which licences they are hereby authorized and
imppwered to grant to the faid company without any fee or re-^
irard^ or any other charge; any law, ufage or cuftom to the
contrary notwithftanding.

XI. Provided always, and be it further ena^fled by the au- Companynef-
Ihority aforefaid, That if the faid united company of merchants leaing to rap«
of England trading to the Eaft Indies^ (hall at any time negleA to P^Y the mark-
keep this market fupplied with a fuflicient quantity of tea^ at ^ ^
i^eakmable prices, to anfwer the confumption thereof in Great
Sritaifi^ it mall and may be lawful to and for the faid commiflTi-
oners of the treafury, or any three or more of them, or the laid
high treafurer for the time being, to grant licences to any other Licences ma^
peribn or perfons, body or bodies politick or corporate, to be granted to
Import tea into Great Britain^ from any parts of Europe^ in fuch ^^^^^*
and the like manner, and fubjedt to fuch duties, and under fuch
itftriAions and limitations, and upon fuch notices, and with
ijjoch licences, as are herein before prefcribed and direAed, with
I^de6i: to tea to be imported from any parts of Europe^ by the
faid united company of merchants of England trading to the
Bafi Indies I any thing in this or any former adt or a6ls of par-
liament to the contrary thereof in any wife notwithftanding.
I ■ XII. Provided always, md be it further enaAed by the au- ^^ imported
Aprity aforefaid. That from and after the (aid twenty fourth fromanyparu
dxf or Jwuy one thoufand feven hundred and forty five, all tea of Europe,
imported into Great Britain^ from any parts of Europe^ by the ?*?JijP*y ij^
^d united company of merchants of England trading to the"*°**"*^ •
£dft Indies^ or by any other perfon or perfons, bodies politick of
eorporate (to be licenfed as aforefaid) (hall be entered at the cu«
Itom-houfe, and (hall pay or fecure the feveral fubfidies, and ad-
ditional impo(itions, now chargeable upon all tea imported by
the faid company froin the Eaft Indies -y and all tea fo to be im-
ported by the faid united company, from any parts of Europe as
aforefaid, (hall be forthwith carried and put into fuch warehoufe and be put in*
or warehoufes, as are now made ufe of by the faid united com-> tQwarcnouics.
pany, for the receiving tea imported by them from the Eaft In^^
diiSj or fuch others, as they (hall proviae for that purpo(e» to be
approved by the commiiTioners of his Majefty't cuftoms^ or tha
6 majqf

368 Anno decimo oftavo GeoRGII II. c. 26, [1745.'

major part of them for the time being, and (hall not be taken

out of fuch warehoufe or warehoufes, until fuch tea (hall bt

fold at the publick fales of the faid united company, and thefe«

venil duties charged thereupon by this z6k (hall be paid ; and all

tea imported from any parts of Europe^ by any other perfon or

perfons, bodies politick or corporate (to be licenfed as afore&id)

iliall alfo be forthwith carried or put into fuch warehoufe or

warehoufes, as (hall be provided for that purpofe, at the chaip

of the refj)e6tive importer or importers of fuch tea, to be alfb

approved by the faid commilTioners of his Majefty's cuftoms,

or the major part of them for the time being, and (hall not be

taken out thence upon any account whatfoever, until the fame

(hall be publickly fold by fuch perfon or perfons, or bodies

Six days no- politick or corporate (of which fale or fales, fix days notice (hall

ticeot Tales of be given in the London Gazette) and the inland duties charged

tea to be giv- thereupon by this a6t, (hall be paid as aforefaid; any thing in

don"Gazcitc!" ^^'^ °^ ^"7 former aft to the contrary thereof in any wife not-

withftanding.

XIII. And whereas by the laws now in forte concerning the duties
of excifcy and other duties under the management of the commijjioners
of exafe in that part of Great Britain called England, all ftrfd-
tures and offences made and committed within the immediate limits ^
the chief office in London, are to be heard^ adjudged^ and diter*
mined by the chief commijponers and governors of excife\ and dl
fuch forfeitures and offences made and committed within all or any O'
ther the counties^ cities^ towns j or places in England, are to k
heard and determined by any two or more of the jufiices of the pease
refiding near to the place where fuch forfeitures jhall be made^ or
offence committed \ and whereas many perfons chargeable with ih
ties of excifcy or other duties under the management of the faH
commiffioners^ or incurring penalties by offences againfl tht faid laws^
do. frequently avoid profecutiom for the fame^ by removing out of the
jurifdidtion tvherein fuch duties were charged^ or offences committed^
to the great prejudice of the revenue^ and difcouragement of the fm
traders: for remedy whereof, be it further enadled by theau-
Offences may thority aforefaid. That from and after the faid twenty fourth
be profecuted day ot fune^ one thoufand feven hundred and forty five, it (haD
out of the ju- and may be lawful for the faid commilfioners and juftices refpee-
huiidtumt tively, within whofe jurifdidtion any perfon charged with aof
mit^cd!^**"*" of the faid duties, or who (hall have committed any offence a-
gainft the faid laws, or any of them, or againft this ad, (hA
be found, to fummon, hear, adjudge and determine, and iflU
any procefs or warrant in the fame manner as fuch commifiioii-
ers or juilices may now do in cafe of fuch offences as are cobbt
mitted within their refpe(5live jurifdictions : and in cafe the (aid
commiflloners or juftices (hall, upon any judgment given bl
them refpeclivcly, ifTue a warrant or warrants of diftrefs, and
the perfon or perfons authorized to execute fuch ^warrant, or
any of them, (hall make a return thereto, thai no fufficient di-
ftrefs can be found, then it (hall and may be lawful for the (aid
commiflioncrs and jufiices refpe^vely« within whoie juriidk-

tioA

I

1 745.] Anno dedmo o£bvo GeoRgii IL C. 27.' ^6g

tion the party (hall at any time be founds a^ainft whom fuch
warrant (hall have been iflued, uponprodncmg to them fuch
warrant and return thereof, to commit iuch offender to the next
county gaol till fatisfadion be made.

XIV. And be it further enaded and declared by the authority Forfeiturct
aforefaid. That all fines^ penalties, and forfeitures by this aa hovir to be re-
impofed, and all other fines, penalties, and forfeitures by any covered.
former a£l impofed, relating to the duties of excife, or any o-

ther duty now under the management of the (aid commiflioners
of excife, (hall be fued for, levied, recovered, or mitigated, by
fuch ways, means, and methods, as any fine, penalty, or for-
feiture is or may be recovered or mitigated by zuy law or laws
of eitcife, or by this a£t, or by adtion of debt, bill, plaint, or
information, in any of his Majefty's courts of record at ]9^e/l-
mifijiir^ any law, u&ge, or cuftom to the contrary in any wife
notwtthftandin|; and that one moietv of eveiy fuch fine, pe*
nalty, and forfeiture (hall be to his Maje(ly, his heirs and fuc-«
ceflbrs, and the other moiety to him or them who (hall difcover,
inform, or fue for the fame.

XV. And be it hereby further ena6ted by the authority afore*
faid. That if any perfon or perfons (ball be fued, molefted, or
profecuted, for any thing done by virtue or in purfuance of
this or any other a<ft re)ating to the duties of excife, or other
duties under the management of the commKEoners of excife^

.fuch perfon or perfons (hall and may plead the general iflue, and General ifliie.
give this aA, or fuch other adt, and the fpecial matter in evi-
dence in his or their defence or defences; .and if afiberwards a
verdifl (hall pafs for the defendant or defendants, or the plsunt-
iff or plaintiffs (hall difcontinue his or their adtion or adlions, or
be nonfuited, or judgment (hall be given againft him, her, or
them, upon demurrer, or otherwife, then ^ch defendant or Treble coitt.
defendants (hall have treble cofts awarded to him or them againft
any fuch plaintiff or pkuntiffs.

CAP. XXVII.

^ all for the more effeHuaUy preventing thefieaUng ofUn-^
men, fuftian^ and coiton goods and wareSy in buildings^
jfieldsy grounds y and other places ufed for printing whiten-
if^y hleacbirfgj or drying the fame.

WHEREAS many doubts and difficulties have arifen upon the ^^
conjiruaion of an aet pajfed in the fourth year of the reign of^ " ** ^' '^•
his' prefent Majfftyi intituled^ An aft to prevent theftealin^of
Giinen, fuftian, and cotton j^oods and wares, from fields,
irrDunds, and other places, u(ed for whitening, bleaching, or
flr^ng the fame ; in regard the faid alf doth not exprefs and men^
iibn^ with fufficient certainty^ the rejf>e^tve goods awwares^ the
(Sealing whereof from the refpeilive places therein mentioned and de^
fcribedy is by the faid off intended to be prevented^ whereby the good
and wbolefome ends tropofed by the faid a£f -have in a great meafure
\hen fruftratedy and by means thereof y many of his Majeftfs good
Vol. XVIII. B b fub^

370 Anno decimo oGtzvo Georgii IL c. tp \

fubje^s have ban greatly injured in their properties^ anipm

great expends and charges in watching the fame^ wbkb mv

hath hitherto proved ineffe^hial : For remedy whereofj and

more effedual preventing of thefts, frequently comm:

buildings, fields, grounds, and other places ufed for p

whitening, bleaching, or drying of linen, fuftian, and

goods or wares for the future ; may it pleafe your Majel

it may be enacted ; and be it enaifked by the King's md

lent m^efty, by and with the advice and con&nt of t]

«•»!. A. II fpintual and temporal, and commons, in this prefent pai

SlTnVn; aflcmbW, and by the authority of the fame. That all ar

&c laid to be perion and persons, who at any time after the firft day c

printed^ one tboufand (even hundred and fony five, (hall by

bleached, &c. j^jghj feloniouflv fteal any linen, fuftian, callico, cotton

or cloth workea, woven, or made of any cotton, or Un

mixed, or anv thread, linen or cotton yarn, linen en

tape, incle, filleting, laces, or any other linen, fuftian^

ton goods or wares whatfoever, laid, placed, or expofi

printed, whitened, bowked, bleached or dried in any wl

or bleaching croft, lands, fields, or grounds, bowkin{

drying-houi^ printing-houfe, or other building, gro

place, made ufe of by any callico printer, whitfter, crofti

ker, or bleacher, for printing, whitening, bowking, bli

or (hall aid or or drying of the fame, to the value of ten (hillings, or vi

hire another jjj q^. ^^^f^^ q,. (hJ^]l wilfully or maliciouflv hire or pro<

fuchotf^nce ^*^ perfon or perfons to commit any fuch ofiTence,

(hall buy or receive any fuch goods or wares fo ftolcn, i

the fame to be ftolen as afore&id, being lawfully convi^

of, (hall be, and is and are hereby declared to be guill

(hall be guilty lony, and| every fuch offender (hall fulFer death, as in

of.felony, and felony, without benefit of clergy; any law or ufage to 1

foffer death, ^^j^ notwithftanding.

II. Provided always. That in cafe the judge or court.

before whom any fuch o(render or offenders (hall be {«

convicted, (hall think it reafonable, upon the circumll

the cafe, that fuch. offender or offenders, or any of th

The court (lead of fuffering death, (hould be tranfported to fom<

may order Majeft/s colonies' or plantations beyond the feas ; it ij

frSe'SS" further enaaed. That in every fuch cafe, it (hall and

ported for 14 lawful to aivJ for fuch judge or court, and he or they ffi;

years. by have tiiU power and authority, in(lead of giving ju<

at death againd &ich offender or offenders, as in the

%lony, wiu^nlt benefit of clergy, in manner herein be

roiSted, to order fuch offender or offenders, being tried a

yi^ted a» afi)refaid, to be tnuifported to any oi his B

colonies or plantaiions in America^ for the fpace of j

years, upon th^ like terms and conditions, and by ti

ways and meai;u, and in like manner, as any other fdo

or are to b$ tranfported to any of his Majefty*s (aid col

elanla(ioa$t by torci or virtue of any law foe tl^t pmrp

* 745-] AoM dedmo ocsvq Geozgxi II. c 2 S. ; « r

e- in force; any thxi^ in this x^ ct%ri*H r: tbe cscrzrr ncc-

:-K withfbnding.

— ^ III. And be it furdser ec»f^sd by Ae xacbacitT xfcrr'iii, Thxr 5c.-i c&ai.
-^ if any fiich oficnder or o&aders ifcraL<i, wbo ^'-uL be f? cr- «^ vriUii^

dered for transportation br, or br r;Ttae of this ^ ihai: bmc £!!^J?^ ^
± guA^ or efcape dxrecut, bobre fiich rrsn^iomricn, or ihilZ re- r-!|jc,'r£J^

— inra into, or be at larw within set pan or th-s Liar^rs cc
^ Qriot BrUaOj without fome hwro! cauic, bescre xhz e^irabca
~ of the Cud term of fonrtsen years, tor wh:ch fixh oftncier or
2 ofibiders (hall be ordered to'be tnnfpcrted is af jr:uid ; that

then, and in fiicfa cafe, all and erery fuch o?enier cr o£ndas,
, being diereof hwfiiDy cjoTidetl, ihall fc3er death as felons

and have execudon awarded againft them as perions attainted

of felony, without benefit cf dcrrr.
IV. And it is fnnher enaclfd by the authority afece&id. That This jA t9

this ad (hall be deemed to commence from the faid nrft day of 09O3m&»

yittr/, in the year of ojt Lord one thoufand feven hundred and jjj^ ^^ *
J rorty five; and from diat time the faid act made in the fourth ^ g^, ^^ c,

year of the rrign of his prefcnt Majcn-, Intituled, .A -•-■? tj pri^ is. repeikd.

V^nt tbijledlmg sf llmn^ A&^ifflr, end c:t::n ^r^is c^J zs'jrt:^jnm

fieiis^ graoidSj tfii ether pULeZy ufei fir whi:e^ng^ i.VxhzKg^ cr
. drjwg ibi/ame, (hall be, and is hereby repealed.

;_ CAP. XXVIII.

Z^ jtM oB to indemnify perfons vbo have been guHty of :be wi-
s lawful imporiingy landings cr running of probiiiied^ un-
L cufiimid^ or other goods or merciandize.

— XJSrHERE AS, not'jnthftcnJing the feveral laws ahtsJy rraJe
T" Vy rt prevent the unlawful impcrtini^ and :!jinit/iine hnJin^ ^%d
^ funning of prchibited and umujl:mid g^nds^ divirs a:VW c^tJ tvtl

. ^prfedperjms have of hti^ ny, znlj tarried 9n^ end dsjiiu ..•^thue
I ' Juib pemidois and iUigjl pralficn^ in open defiance ef the !atvs, to
^ Itiefreat diminutisn of the pub/hi reuKue^ and ts the manife/l pre^
^ Juehce of the fair traders^ and Ukavfe fidtaed great numbers sfzthtr
ferfins to join with them in the faid wicked pra£i ties \ yet never tbe»
, tefs as there may be fome h^pe that mjny of the faid per fins who have
teen unwarily feduced as afirefcidy msy be reclaimed by grace and
elementy from offending in the' lite manner for the future: There-
fore, for the quiet and ea(e of his Majelly's fubjeds, who may
iiave been guilty of fuch offences, and that fuch of them as are
pot yet become incorrigible, being freed from their fears and
apprehenfions, may be induced to leave off their illegal prac-
tice and to return to their lawful callings and occupations^
9qd that fuch perfons as (hall, after fuch an zA of indulgence,
/:i^ fo publick warning, prefume to commit any of the faid
^.^ences, may be left without excufc, and be brought to juftice,
abd duly puni(hed as their crimes (hall deferve ; may it pleafe

iour Majefty that it may be enafted ; and be it enaAed by the
^'ng*s moft excellent majefty, by and with the advice and con-
fent of the loids fpiritual and temporal, and commons, in this

B b a prcfcnt

372 Anno decimo oAavo GeoRGii II. c. 28. [ 1745.

perfons who prefent parliament aflembled, and by the authority of the (acne,
^«^<>'"« ^^y.^' That all and every his Majefty's fubjeas of this his Majcfty's
curredanypc- realm of Great Britain^ who before the firft day o( Maj^^ in the
nalty. Sec. for year of our Lord one thoufand feven hundred and forty five,
running, &c. have incurred any penalty or forfeiture in, by, or for the clan-
^^^ "*^^"*" deftine running, landing, unftiipping, concealing, or rccdving
^ * any prohibited goods, wares, or merchandizes, or any foreign

goods, liable to the payment of the duties of cuftoms and ex-
cife, or either of them, and who are or may be fubjedt to any
hiformation, or other profecution whatfoever, for the penalties
for the running, landing, unfhipping, concealing, or receiving
thereof, or for landing of any goods, without the prefence of
an ofHcer, (hall be, and are by the authority of this prefent
a6t, acquitted, indemnified, releafed and difcharged, a^inft the
King's majelly, his heirs and fuccefTors,- and againft all and
every other perfon and perfons, bodies politick and corporate,
and any officer or officers of the cuftoms or excife, and every
of them, of and from all the faid offences (not in this prefent
a<5t hereafter excepted) and of and from all penalties, forfeitures,
indictments, outlawries, convictions, and judgements, not here-
in after excepted, incurred, had or given, or that may or mi^t
arife or accrue for or by reafon or means of any the laid offen-
ces, or other matters or things herein before mentioned afid
expreiled.
mav plead this H. And be it further enadled. That all and every of his Mir
aft for their jcfty's fubjeCts may by him, her, or themfelves, or by his, her
ditebargc, ^^ ^^^^^ deputy or deputies, attorney or attomies, according to
the laws ot this realm, plead and infift on this adt of indemnitj
for his, her or their difcharge, of or for any thing that is bf
virtue of this a6l acquitted, releafed, qt difcharged, witbbut
without fees any fee or payment to any perfon or perfons for the writing pr
entering of luch plea, or the judgement thereupon, but ooly
only i6d. for fixteen pence to the clerk or officer who fhall enter fuch jkn
entering the or matter for judgement, or the {Party's difcharge in that be-
half; any law, cuflom, or ufage to the contrary notwithfbqMl-

III. Providefl always, and be it funher ena£ied by the autho-
rity aforefaid. That all and every perfon and perfons who AaD
take, receive, or be intitled to any benefit or advantage by vir-
tue of this prefent adl of indemnity, either by pleading or in-
fifting on the fame in any court of juflice, or otberwife, and
who hath or (before he^ (he, or they fhall claim the b»efit€f
this prefent aa) fhall have brought, commenced, or profecnted
any adtion, plaint, or information, indidiment, or other prde-
cution whatfoever, againft any officer of -his Majefly's cuftens
of excife, or other revenue, or againfl any perfon or perlbns
who fliall or may have been aiding or affifting to any fuch oS-
cer, for or concerning any matter, caufe or thing done or com-
mitted by fuch officer; or by any perfon or perfons aiding or
affifting him, on occafion, or for or by reafon or means of any
of the offences, trefpaffes, frauds, mifdemeanors, or other mit-
ten

plea.

Suits againfl:
officers of
cuftomsy &c.
to be dir.
charged:

1745-1 Anno dccimo oftavo Georgii II. c. 28. 373.

tcrs or things by this mA intended to be rclcafcd and difchargcd
fhall, before fuch time as he, fhe or they (hall be admitted to before any
make fuch plea as aforefaid, or to take any benefit or advantage benefit can
of this ad, abfolutely releafe and difcharge fuch adlion or a6ti. ^ '*^*^"-
ons, difcontinue and caufe all proceedings to be (laid in all and
every fuch informations, indicSments, and other profecution and
pro(ecutions brought or commenced as aforefaid.

IV. And be it nirther enafted. That if any perfon or perfons
i^ho (hall claim the benefit of this ad, (hall, after fuch claim,
bring or commence, or caufe to be brought or commenced any
aAion, plaint or information, or other profecution whatfoever
againft any oiBcer of his Majefty's cufloms, excife, or other re-
venue, or other perfon or perfons, who (hall have aided or afTifted
any fuch ofEcer, for or concerning any aft, matter, or thing done
or committed by them, or any of them, on occafion of, or for
or by reafon or means of any of the offences, frauds, mif-
demeanors, or other matters or things intended to be releafed

and difcharged by this aA, fuch claim is and (hall be deemed P*™"6 ^^'f
to be an abfolute difcharge aiid releafe to fuch officer or other aa mau'^U a*
perfons, of and from all and every fuch adlions, fuits, and pro- difcharge to
fecutions; and fuch officer or other perfon may plead the gene- officers, &c«
ral iffue, and give the fpecial matter in evidence; and the faid J/"?"* ^"^h
ofiicer, or other perfon, (hall recover his cofts of fuit againft the *
perfon or perfons fo bringing or commencing fuch adtion or General ifTue.
profecution.

V. Provided alfo, and be it further enaSed by the authority Penalties on
aforefaid. That all and every perfon and perfons who (hall take, Pcrfons of-
receive, or be intitlcd to the benefit of this prefent aft of indem- ^."vf "^' ^^^
nity, and (hall afterwards be guilty of, or commit any of thct^Jhe^^tof
like offences, trefpaffes, frauds, or mifdemeanors, as are herein this ad,
before mentioned, or hereby intended to be acquitted, releafed,

or difcharged, or any of the offences hereafter in this a<5t men-
tioned or exprefled, (hall be fubjeft and liable to be profecuted,
not only for or in refpeft of fuch new offence by him, her^ or
them committed, but (hall alfo for and in refpedt of the faid
offences committed before the making this a<ft, and for and in
rcfpe<ft of all bonds and fecurities by them or any of them given
to his Majefty, or to any perfon or perfons for his Majefty*g
ufe, commonly called Smuggling Bondsy be fubjeft and liable to
all and every the fame pains, penalties, forfeitures, and actions,
for duties of cuftoms or cxcife» and adtions upon the faid bonds
and fecurities, as he, fhe, or they would have incurred, or been
liibjeA or liable to in cafe this a6t had never been made; any
tKmg herein contained to the contrary thereof notwithftand-

' ATI. Provided alfo. That this adt, or any thing herein con- L-„nitation of
talned, fhall not extend, or be conftrued to extend to acquit, this ad.
yeleafe, or difcharge any judgement or judgements, where the
monies or other things recovered have been aduaily levied, or
ti^ defendant or defendants taken in execution upon fuch judge-
ments, before the firft day of May^ one thoufand feven hun-

B b 3 dred

374 Anno dedmo oftavo Georgii II. c 29. Ii745*

dred and forty five ; nor (hall the fame extend, or be conftrued
to extend to acquit, releafe, or difcharge any judgoneat or
judgements, in refpeA to fuch part thereof as belongs to the
informer, or fuch perfon or perfons, who hath or have joined
with his Majefty in fuch fuit or fuits, wherein fuch judgement
or judgements hath or have been obtained, unJefs and until
fuch perfon or perfons, who would take the benefit of this id,
(hall pay to fuch informer, or other perfon or perfons the fiill
cofts offuch fuit or fuits, in which fuch judgement or judge-
ments (hall have been obtained.
Offenders lia. VIL Provided alfo, and be it further ena<Eted by the autbo-
bletobetranf rity aforefaid. That if any perfon or perfons, who have com*
P^"^**^^*"? mitted or been guilty of any of the offence or offences herein
thbaa before mentioned, for which any fuch perfon or perfons is or

' are by any law or Aatute now in being liable to be tranfported

and reneating ^* ^ ^^^^^ ^^ felons, (hall, for any of the faid offences, take or
fuch ott«Aces, receive the bene(it of this prefent aA, and (hall a(terward$ be
guilty of or commit any of the faid offences, for which he, (he,
or they is or are now liable to be tranfported as aforefaid, thenaU
and every fuch perfon and perfons (being duly convid^ed of or
for any of the faid offences hereafter to be committed as afore-
faid, and upon due proof made, that fuch perfon or perfons
had committed any of the fame offences before the making thi|
ad, and had taken or received the benefit thereof for his, her,
ihall fufier or their difcharge) (hall be adjudged guilty of felony, and fluJI
fieath. fuffer death, as in cafes of feionv, withogt benefit of clergy.

Compofitjons VIII. Provided alfo, That all perfons who have, before tli^
for offences to firft day of A/tf^, one thoufand feveo hundred and forty five,
be made compounded with or agreed to pay any fun^ of money by w«;
good; ^f compofition to bis Majjef^, or to the lords comoiiCnonen of

his Maje(i/s treafury, or to any of the barons of the excb^
quer, or to the commilRoners of the cu(|oms of excife refped*
ively for the time being, on his Majefty's behalf, for or ia le-
fpec^ of the above mentioned offences, or for the forfeitures or
penalties arifing thereby, fhaU make good fuch coiQpQiifions.Mxl
or the benefit agreements as have been by them refpciftively madei or, in dc-
of this a^ fault thereof, all and every fuch perfon (hall be excluded an4
loft* deprived of and from all benefit and advantage of cbis mSk.

CAP. XXIX.

M a£l for granting further pwers to the commiffioners fat
ifuilding a bridge crofs the river Thames, from the dtj tf
Weflminftcr, to the oppofite (here in the county ^Suntyj
and for the better enabling them to finifh the faid bridgt^
and to perform the other trufts repofed in them.

WHEREAS the commijjioners for building a bridge €r$fs tk
river Thames, from thi Woolf^aple, or thereqbrutiy inth
9 Geo. 1. P^^^^fi^ ^f Saint Margaret in the city of Weftminfter, to the eppoftt
c. 19. * fiiorc in the county ofS\mtyj or any f even or moreoftbem^ are^ if

ftyepd

fiich houfis
Mid o/^ a

'745-^ Anno decUno 66hivo Georoii II. asp* . ^yc

feviral alfs of parliament^ pajfed in the reign of bis prefent Majejly^ lo Geo, i.
authorized and impwoerei to maUy open^ dejign^ ^Jfign^ ^nd lay out^ ^- *^*
fneb uttys^firHts and pajfagei as they flksU find proper to make open and "^^^' *•
^ wtf , on each fide the river Thames, to and from the intended bridgiy , \ *^co. i.
the courts ofJMiiey hoth houfes ofparHamentj and the parts adjacent ; c. %%.
and to agree for and purchaje fuch houfes and ground as they fball find ' J ^^ *•

\ certain c. ^.
, ^ ,orfome\%Otx^\.

of them \ and lilemfe to i>/, felU or di/pofe of Juch piece or pieces «• *^'
ef ground^ either tonther or in parcels^ as they may^ hy means offiub ^^ ^^^^ *•
fttrchafis^ be pojffi^dof over and ahvewbai may be neceffary for ' ^*'
the opening and ivtdemng of the faid ways^ freets^ andpaj/ages^ as
they fixdlfnd moft advantageous and convenient ^ to a?^ perjon or per^
ftms whojhall be vjilUng ti ctmtraffj agree fory or purchaje she fame ;
as a/fo to defign^ cjjign^ and lay out^ in what manner the new houfes
to be built JbaH be ereited and built j and of what breadth and extent
the faid flreets^ ways^ and pajfagei Jhau be : and whereas the faid
eonomjftoners have defigned^ cffigned^ and hid w/, feveral ftreets^
tvoysy and paffages^ to and from the faid intended bridge^ the courts
ffjuflice^ both houfes of parliament^ and the parts adjacent j and in
order to treferve the fame^ and the buildings now ereOedy m^ here-
after to be ere&ed upon the faid pietes or parcels of ground^ free from
ill fmfances and annoyances^ ana to preferve the itmformity and beauty
tb^eef^ have agreed to dij^ofe of feme part of the faid premiffes^
under fuch covenants ^ conditions^ agreements^ limitations^ andreftric"
tions^ as they have found neceffary for tbofe purpofesy and for the be-'
ftefit of the puhlick in generals but which cannot effeeiually be eU"
forced by the laws now in beings fo as to remain a perpetual Ren on
tie faid premiffesy without the further aid and authority of parlia^
tsoent : therefore, for promoting and encouraging a defign fo ufe-
M and beneficial to the pnblioc, and for a better and more ef-
fedhial enforcing the feveral covenants, agreements, h'mitations,
and reftriAions, under which the faid commiflioners have or
ihall difpofe of any piece, pieces, or parcels of ground or build*
ings, purfuant to the bowers given them bv the faid adts, or
any or them, may it pieafe your moft excellent Majefty, that
it may be enaAed, bic.

If any occupier of ground fold or let by the commiifiooerty fliall» contrary
to their covenant, make or fuffer any nufance. Sec. to the building|t re*
latins to the bridge> &c. any 7 commiflionert, &c. may enter and view }
and jT Aiade in open ftreets leading to the bridge, &c. the commHfionen,
Sec. mav remove them ; and if done in breach of any covenant, &c. no-
tice (hall be given to the owner or occupier to remove the fame, according
to covenant : on refufal or neglect, 7 dayt after notice, commiiEonert,
' &c may enter and remove fuch nafance according to agreement ; the
charges whereof (hall be paid by the perfon caufmg the nulance, with the
penalty compriied in the covenant t on negled^ or refufal, they may be
levied by diftreft and fale s if no fufficient diftrelt can be found, the rents
Ihall be received by the commiifioners till fatisfa^ion made. Out of the
aids granted for the year i74C> 25,0001. granted to the commiffionert
for building the bridge, &c. An account of faid 15,000 1. to be laid be*
fpre t|ie paninteoc within ao days after opening thefeifioD. Poblick aft,

Bb4 CAPf

37 6 Anno dccimo oftavo Georgii II. c. 30; [1745^

CAP. XXX.

'An aH to amend an aS made in the eleventh year of the reign
of King William the Thirds intitukdj An adk for the
more cffcftual fuppreffion of piracy.

11 Will. 3. TT7HEREAS by an a£l made in the eleventh year of Kini
^ 7* W WilJiam the Thirds intituled^ An adl for the more dFcc-

tual fuppreflioa of piracy ; it is (amon^ other thtngs) enaQei^
That all piracies J felonies y and robberies committed on the fea^ or in
any haven, river j creek, or place, where the admiral or admirals tavi
power, authority, or jurifdi£!ion, may be examined, enquired of, tried,
and determined and adjudged, according to the dire^ions oftbefila
a£l, in any place at Jea, or upon the land, in atry of his Alajefifi
ijlands, plantations, colonies, dominions, forts, or factories, to be ap-
pointed for that purpofe by the King^s commiffion, in the manner
therein direSled: and it is alfo thereby further enabled. That if anj
if his MajeHfs natural bom fubje^s, or denizens of this iingiem,
Jhall commit any piracy or robbery, or any aSf ofhoJlility,agmfi
ethers of his Majefly's fubjeSts, upon the fea, under colour ^anj
eommijpon from any foreign prince or flate, or pretence of authority
from any perfon whatfoever, fuch offenders Jhall be deemed pirates^
felons, and robbers*, and they being duly convi^ed, according toibs
%l Hen. S. faid a^, or according to an a^ of the twenty eighth year of the reigH
c. 15. of King Henry the Eighth, therein recited, Jhall have and fuffer fuch

pains of death, lofs of lands, goods, and chattels, as pirates, felons,
and robbers upon the feas, qught to have and fuffer : andwiereai^
fince the prefertt wars with Franpe and Spain, divers of his Jlfajejijs
natural born fubje£fs have entered in the fervice of his Majefjs
enemies, on board privateers, or other Jhips, haying commifjions from
the crowns of France or Spain, and committed divers hofiiRtiiS
againjl his Majcflfsfubje^s upon the fcas in the Weft Indies cmi
other parts : and whereas doubts have arifen, whether as fuchoffeit*
ders have, by fuch their adherence to the Kin^s enemies^ been gftiltj
of high treaj'on, they can be deemed guilty of felony, within tbt iatffit
of the faid a£l, and, as fuch, liable to.be tried by the faid tou^ijf
admiralty appointed or to be a f pointed by yirtue of the faid oG:
therefore, to put an end to the faid doubts, and to prevepti the
inconveniencies that muft arife, by the want of fpeedy juAke
on fuch offenders ; may it plcafe your moft excellent Majdtr,
that it may be ena<fled \ and be it ena<9ed by the King's mfA
excellent Majcfty, by and with the advipe and confent of the
lords fpiritual and temporal, and commons, in thi$ prefent par-
Subjc6^«ordc- liament aiTembled, and by the authority of the fame. That aD
uiacn$,dunnj5 perfons, being patural bom fubjec^s, or denizens of his Majeftyi
any wary, \fi\io, during the prefent or any future wars, have committed,
hoftlHtics'at 0^ (hall commit, any hoftilities upon the fea, or in any haven,
fea^Acapainft river, creck, or place, where the admiral or admirals have pow-
hisMajcfty't er, authority, or jurifdidion, againft his Majeft/s fubjcdVs, by
f"'*i*^*»?'"J'^ virtue or under colour of any cominiflion from any of his Ma-
.bavc*poww, J^^y'* enemies, or havp been, or (Iiall be, any other ways ad-
herent

"^y+S-l Anno dccimo odavo Georgii II. c. 3i, 377

hcrcnt, or giving aid or comfort to his Majcfty's enemies upon o' giving a'^»
the fca, or in any haven, river, creek, or place, where the ad- ^?' '^^"5-
miral or admirals have power, authority, or jurifdicftion, may m^ybc tr^d
be tried as pirates, felons, and robbers, in the faid cour^ of ad- as pirates,
miralty, on (hip-board, or upon the land, in the fame manner
as perloiis guilty of piracy, felony, and robbery, are by the faid
aA directed to be tried ; and fuch perfons being upon fuch trial
convidlcd thereof, (hall fufFer fuch pains of death, lofs of lands, -«
goods, and chattels, as any other pirates, felons, and robbers *' * ^'^* ^*
ought, by virtue of the faid recited a<5t of the eleventh year of
King ffilliam the Third, or any other atS, to fufFer.

II. Provided, and it is hereby declared and enabled. That not to be tried
any perfon who (hall be tried and acquitted, or convi^ed, ac- again for the
cording to this a<3, for any of the faid crimes, (hall not be liable ^"IJ crime, at
to be indided, profecutcd, or tried again in Great Britain^ ^^^ high treafon.
elfewhere, for the fame crime or fadl as high treafon.

III. Provided, That nothing in this adt contained (hall be Criminals not
conftrued to extend to prevent any perfons guilty of any of the tpcd by this
faid crimes, who (hall not be tried according to this aft, from *^> *"*y he
being tried for high treafon wiihin this realm, according to the ^'^^'b*^^
aforefaidiadl of the twenty eighth year of King Htnry the eighth. ijhcilS.c^is.

CAP. XXXI.

An aSifor the more effeHual recovering and coHeSling of cer^
lain duties granted towards the fup fort of the royal bofpi-^
talat Greenwich ; and to oblige agents for prizes to rtgi-
fier their letters of attorney.

WHEREAS fy an aSf made in the fevenfh year of the reign ^ ^ ^
cfhis late majejiy King William the Thirds intituled^ An ^ '**'
adt for the increafe and encouragement of feamen ; and an a£t
tnadi in the eighth year of hii faid late Ma^eftfs reign^ intituled^ An g w. 3. c. ij.
i& to enforce the z& for the increafe arid encouragement of fea- ' * ' *
men ; and aUo another a£l made in the tenth year of the reign of her ,q ^n^, c. ly.
late majefiy ^een Anne, intituled^ An a<5l for the better colleding
and recovering the duties granted for the fupport of the royal
hofpital at Greenwichy and for the further benefit thereof; and •
forprefcrving her Majefty's harbour moorings; and another a6f
ntaae in the Jecond year of the reign ofhisprefent majejiy King George * ^^^- *• ^* t*
the Second^ intituledj An ad for the more eifedual collecting in
Great Britain and Ireland^ and other parts of his Majefty's do-
minions, the duties granted for the fupport of the royal hofpital

at Greenwich ; there was given and ejlablijhed for the fupport of the
faid royal hofpital^ a duty offtxpcnce per menfem, payable by all fea*
men ; and by the faid feveral a£fiy it was (among other things) en^
aSledy That the faid duty Jhould be paid by every feaman^ and other
perfon whatfoever^ that Jhould ferve or be employed by his Majeflyy or
ky any other perfon or perfons whatfoever^ in atiy of his Majefty's
jbipsy or in anyjhip or veffel belonging to any ofthefubje^s of Great
Britain or Ireland, or dominions thereunto belongings or to any of
fbe fulyeHs of his Majejiy^ y^itbin the iflands of jfcrfcy, Guernfey,
2 Aldemey,

37* Anno decimo o6Uvo Georgii IL c.31. t'745-

Aldemey, Sark, and Man, and every of them refteifhehf^ and witbk
all and every his Majefty's colonies^ ijlandsy and aominhns in America
(tther thanandexcepijuchperfonsasin the/aid a^s are excepted) wbid
Jaid duties Jhouldbetatd by the majferycomrhanders^ and owners ofeMmid
every futhjhips andvejfels refpeiiively^ who were authorized^ impower^
ei^ and required to demff and detain thefatne^ out ofthowages^Jbares^ or
other profits payable or accruing to evaryfeaman^ or other perfon em-
ployed in anyfuchjbip or vejfelj and liable to the payment of the foil
duty^ iffuchfeaman or other perfon Jhall have^ or he intitled to anj
fuch wageSy Jhares^ or profits: and whereas the commiffionersforcol-
leSiing the feud duty ^ do find great difficulty in colle^ing the fame frm
privateers^ or private ftnps of war ^ having letters of marpuy and
who neither clear inwards or outwards \ for remedy tnereo^ and to
the intent that the faid duty may be more eafily and effefhialhf
collected for the ufes aforefaid, be it enafted by the King's moft
excellent majefty, by and with the advice and cohfent of the
lords fpiritual and temporal, and commons, in parliament af*
fembled, and by the authority of the (ame. That every officer
id. per month or feaman, or other perfon whatfoever, that (hall ferve or be em-
to be paid by ployed in any privateer, or private (hip of war, having a letter of
tvtry oflker nnarquc, belong to any of the fubjeAs of Great Britain or Ire-
wy^piivatccr, ^^> ^^ dominions thereunto belonging, or to any of the fiib-
*jt&s of his Majefty, v^ithin the iflands of Jerfey^ Guernfey^ At-
derney^ Sari, and Man^ or any of them retpeiftivcly, or iwith-
in his Majefty's colonies, iflands, and dominions in America,
(hall pay the laid duty of fix pence per month, or proportiona* '
bly for anv lefler time, during the time he or they (ball ferve,
or be employed in, or belong to, any fuch (hip or veflel, for the
better fupport of the faid royal hofpital at Greemmehj and to
t G * h '"g™^'^^ ^^^ revenue thereof for the purpofes in the (aid recited
hofpital. *<** mentioned.

II. And it is hereby declared. That the mafter, eommanderi
Cbmmander or owner of every privateer, or private (hip or vcflcl of war, hav-
to detain tko ing a letter of marque, is hereby impowered and required to de-
fame out of ^^jft and detain^ out of the wages, (hares of prizes, or other
J^' &c. P^'ofits, payable or accruing to fuch officer, feattian or other per«

* \ ion employed in his (hip or velTel, the faid duty of fixpcnct per
month (othec than for fuch perfons as by the faid ads are ex-
empted) and (hall pay the fame to fuch officer or o(Rcers, as are
or (hall on that behalf be api>ointed by the lord high admiral of
Great Britain, or the commiflGoners tor executing the office of
lord high admiral of Great Britain for the time bemg.

III. And be it further ena<ft^d by the authority afore(aid,

Comman3cr '^^^^ ^^"* *"^ *^'^ ^^^ ^^^ ^^Jf ^^ J^^y which (hall be in the

pf a privateer J^^ of our Lord one thoufand (even nyndred and forty five, the

failing from mafter or commander of ^very privateer, or private (hip or vcf-

afiy port, fcl of war, having a letter of marque l>cforc he fails from any of

the ports of Great Britain, or Jreland, or from any of the ports

ofjerfey^ Guernfey, Alderney, Sark, or Man, or from any of the

ports wUhin his Majeity's (Qlpqies, ifljnd^^ apd dominions m

745-1 ^^^ dedmo o6b7o Georgii IT. c. 31. 579

imiri^a^ (hall deliver to the colleAor of the cuftoms of the port ihaltjnve the

le fails from, a lift in writing, figned by him, of the names, ^^^^^'^^^

iges, and dcfcriptions of every feaman, or other pcrfoti employ- ^ « «n«n *

;d in or belonging to fuch prnrateer, or private (hip or veiiel of

war, having a letter of marque ; and upon the arrival, entry, or ^^^ ^^ return

return of every fuch (hip or ve(rel, at or into any of the ports (hall give a

ifore(aid, the mafter or commander of fuch (hip or veflTel, (hall copy of the

deliver to the colledlor of the cuftoms of the port he arrives at,(a«c»o«*<»'k»

an authentick copy, upon oath, of the lift he delivered in to the

collector of the cuftoms of the port from whence he failed, and

a particular account, whether all or any of the men which failed

with him are returned i and if any are wanting, fuch mafter or ^^^^ "JLf^*-

commander (hall and is hereby required to give an account *'^^^^SS|J|[of^'^

writing what is become of them; and in cafe any fuch mafter tbofetiiiidogi

pr commander as aforefaid, (hall obftinately refufe or negleA to

deliver fuch lifts and accounts as aforefaid, every fuch offender

fliall forfeit the fum of fifty pounds, one moiety whereof ftiall ^^j*^""*^

be to the ufe of the faid royal hofpital, and the other moiety to ^ *

fuch perfon or perfons as (hall fue for the fame.

IV. And be it further enaded by the authority aforefaid, j^^ceWersma/
That it (hall and may be lawful to and for the receiver and re- fummon com-
ceivers of the faid duty of dxpence par month, pavable to the faid manders or
royal hofpital, his or their deputy or deputies tor the time be- ^'^»^"»
ing, for the better difcovery of what (hall be due from the per-
fons ferving on board, or belonging to any privateer, or private
ihip or ve(lel of war, having a letter of marque, as aforefaid, by
warrant under his or their hands, to fummon all fuch mafters
and commanders, or (in their abfence) the owner or owners of
fuch privateers, or private (hips and vefiels of war, having let-
ters of marque, to be and appear at the office of the faid receiver
or receivers, his or their refpeAive deputy or deputies (fo as the ^iS!'' '^
perfon fummoned be not obliged to travel above ten miles for the ■'^"^'
making fuch appearance) which faid receiver or receivers, or his
or thjeir deputy or deputies, are hereby impowcred aiid direAed ^. g-^^,^^
t9 examine every fuch mafter and commander, or owner or ^j,^ number
9Wners, as to the number and times of fervice of all and every and times of
perfon or perfons belonging to, or employed in fuch (hips or fervice ottheif
ve(&Is, who are liable to, or chargeable with the faid fum of>nen-
fixpence ptr month ; and if fuch mafters or commanders, or (in
their abfence) the owners, or any of them, (hall refufe when fo
fummoned ( not having a reafonable excufe) to appear before the
faid refpedive perfons, hereby impowered to exaniind them iti
manner as aforefaid; or if they (hall appear, and obftinately
refufe to make full and true difcovery of the matters aforefaid,
upon their feveral oaths (which oaths the faid receiver or receiv-
ers, their deputy or deputies, are hereby impowered to admi?
nifter) or (hall negledl to pay the monies which (hall be due to
the faid hofpital, wirliin fix kalendar months after they (hall
have had due notice from the faid receiver or receivers, his or t^ 1-
their deputy or deputies, to pay the fame; that then, andin^i^J^l
pverjr fuch cafe, all and every fuch offender or offenders, forof*«ol.

every

38o Anno dcclmo oGtavo Georoii II. c. 31. [1745-

every fuciv refufal or negleA, (hall forfeit the fum of fiftr
pounds ; one moiety whereof (hall be to the ufe of the faid hot*
pital, and the other moiety to fuch perfon or perfons as (hall
fue for the fame, by adtion of debt, bill, plaint, or information,
in any of his Majeuy's courts of record, where no cflbin, wa-
ger of law, or prote^ion fhall be allowed ; and if a verdidl (hall
pafs for the plaintiff in any fuch adtion, bill, plaint, or infor-
mation, then fuch plaintiff* (hall have and be allowed double
cofts ; and if any fuch mafter or commander (hall attempt to go
to fea, with the faid (hips or veflfels, before he hath duly ac-
counted with, and paid the faid receiver or receivers the laid
•^ ▼^^''Ot duty for the voyage preceding ; then, and in fuch cafe, fuch
cTffrhiL Si ^^^^^v^'" ^^ receivers, or their deputies, are hereby impowered
^e doty of to flop fuch (hip or vefTel from proceeding to fea till the faid
the preced- duty be paid ; and, upon the death or removal of any mafter or
ing voyage be commander of any fuch (hip or veflel, the owner or owners (hall
P""' deliver to the fucceedine mafter, a true account of the faid duty

due to the faid hofpltal as aforefaid, and money fufficient for
payment of the fame to the receivers thereof; and in default
thereof, fuch receiver or receivers, or their deputies, (hall and
lawfully may (lop fuch (hip or vedeJ from proceeding to fea, un-
til the faid duties (hall be fully paid and fatisfied.
17 Geo. 2." V. jfnd whereas by an a5l made in the feventeenth year ofbisprt'

c. jf. ' fent Majejlfs reign, intituled. An aft for the better encourage-
ment of feamen in his Majefty's fervice, and privateers, to an-
noy the enemy, it is enabled, l%at after the fale or fates cfjuch
prize or prizes asjballhe taken from the enemy by any cfhis Majejifs
Jhips of war ^ public k notification /hall be given; by the perfons era'
gents appointed, of the day appointed for the payment of the fever d
Jhares to the captors ; after which publick notification^ if any mens
fhares Jball remain in the hands of the perfons or agents appointed 0%
aforefaid, either belonging to fuch men as /hall be run. from bis Ma-
jejifs fervice or which /ball not be legalfy demanded within three yearSy
wen juch /hare or /hares fo remaining in the perfon^ s or agenfs hands^
cr belonging to fuch men as /hall run from bts majefiy^s fervice ^ /heil
go and be paid to the ufe ^Greenwich hofpital ; and alfo that the
/hares of the bounty rranted by the faid a^ to the commanders^ officers,
teamen, marines, foldiers, and others of his Majeftfs/bips ofwar^
for taking, finking, burning, or otherwife de/iroying, any /hip if
war, or privateer^ belonging to any of his Majefifs enemies, ifnU
legally demanded within three years after publick notification^ andalfs
ff/uch as /hall run from his Majefiy*s fervice, /hall be applied to tke
ufe ^Greenwich hofpital: and whereas the good intention ofthefaii
a6l has been grcatjy frufirated, and little benefit has arofe to thefaii
bo/pit(fl therefrom^ for want of certain evidettee of what perfon or
perfons is or are, or has or have been appointed agent or agents for
prizes, of whom the faid /hares fo granted to tin faid hofpital tnay be
A for l^&^^^y demanded : for remedy thereof, be it ena<aed by the au-
prf^of hit thority aforefaid, That all and every perfon or perfons who,
Mtjefly^t (ince the commencement of the prefent war againft Spain, hat or
have l)een, gr now is, or arc, or hereafter (hall be appointed a-

gent

'745*] Anno dedmo adavo Georgii IL c. 32, 22- 3^t

gent or agents for any prize or prizes taken by any (hip or (hips 0ups« fince
of war belonging to his Majefly, or for receiving the faid bounty, ^^^ T^ ^^
and which prize or prizes have been or (hall be condemned in ^^^^^
the high court of admiralty, of £»^Jbx^, (hall exhibit, and caufe q^ rttn^cr
to be re^(tered in the fiiid high court of admiralty, his or their tbeirl^ers
refpeAive letter or letters of attorney, appointing him or them of attornef in
agent or agents for thepurpofes aforefidd, unlefs he or they have ^^^^"^ ®^
already done the fame; and if any perfon or perfons, fo as a- *°™"^'y«
forefaid appointed agent or agents (who have not already done
the fame) (hall refule or negleA fo to do on or before the fitft . -
day of Jugufl J one thoufand feven hundred and forty five, or if '**^'* * ^'*'
any perfon or perfons hereafter to be appointed agent or agents ^ * '^*^*
for the purpofes aforefaid, (hall refufe or negleA to exhibit, and
caufe to be regiftered in the faid high court of admiralty, his,
or their refpedtive letter or letters of attorney, appointing him
or them agent or agents as aforefaid, for the fpace of fix kalen- or in 6
dar months after fentence of condemnation of any prize (hall be ™o|^» »ftcr
given in the faid high court of admiralty, for the care and diftri- ^^^ oTdie
•bution of which he or they (hall be appointed a^ent or agents, prize t
fuch perfon or perfons fo refufing or neglecting, fliall forfeit the
fum of five hundred pounds, to be recovered by him or them under oenalty
who will fue for the fame, by adtion of debt, plaint, or infor- of 500 1,
mation, in any court of record in Gnat Britain^ in which no
e(roin, protedlion, or wager of law, or more than one impar-
lance, (hall be allowed.

VI. Provided always. That if any agent or agents (hall be Agents ap*
appointed, after the time anv fentence ot condemnation in the pointed after
faid court of admiralty (hall be given, fuch agent or agents (hall, condemnation
under the aforefaid penalty, regifter, or caufe to be regifiered ^* P"^^^
in manner aforefaid, his ot their refpeclive letter or letters of {^^fp'j^jgrV
attorney, appointing him or them agent or agents as aforefaid, 6 months after
within the fpace of fix kalendar months, after the date of his or date,
their faid letter or letters of attorney.

CAP. XXXII.

An aft for continoiag, amending, and making more effeftual, an aft
made in the twelfth year of the reign of King George the Fiiit, for rt-
pairing the roads leading from Birmingham to Edgnill, in the county
of Warwick.

^be aSiz Geo. i.e. 6. eontinuidfir \\yars,

CAP. XXXIII.
An aS to repeal a claufe in an ail made in the third year of
ibe reign of King William and ^een Mary, relating to
carts ufed by perfons inhabiting within the limits of the
weekly bills of mortality^ and to allow fuch carts to be
drawn with three horfes \ and to prevent the mifbehaviour
of the drivers of carts inftreets^ within the faid limits.

H E R E A S in and by an a6l made and pafftd in the third j tc 4, W. Is
and fourth jean of the reign of their late majeJHes KingWiU M. c. «.'

liamr

w

3^^ Anno dccimo odtavo Georoxi II. c. jf. b7iS*

liam and ^een Mary, intituled. An aft for the better rcpairiiv
and amending the highways, and for fettling the rates of the carri-
age of goods ; ;/ was ena5ied^ That all and every law and flame
then in force^ fcr or touching the enlarging^ repairing^ or amending
highway and common roads ^ and every article and thing fn them cm-
tatnedy and not therein^ and thereby altered and repealed^ Jbeuldbe
duly put in execution, according to the tenor 0/ the /aid laws, and un-
der the pefialties (herein contained, to be raifed, levied, and difpafed of,
\\ ia^Veftfi'6. ^^ ^^ ^^^ ^ the /aid laivs is direSled \ and divers good and whoUfme
' ruleSy provi/wns, and dire^ions are thereby made, enabled, appointed,
and ordained, for the better repairing and amending the highwajs
within this kingdom j in which /aid ^iSf there is contained and inferui
a claufe or provijo, in the words following \ that is to fay, provided
always, and be it enabled by the authority afore/aid. That itfiallani
may be lawful to and for any inhabitant of any oftheparifbeSy within
the weekly bills of mortality, who dwells ojf from the pavement, orufes
Us carts, as well off as upon the pavement, and to and for any brewer,
and to and for any fcavenger, or other perfon employed in carrying a-
way the dirt and foil of the ftreets, lanes ^ and alleys, to makeuft^
any cart, car, or dray, with wheels fhod with iron, and narrower
than fix inches in the fellies, and drawn with more than two horfes;
any a^ of parliament, law, or ufage to the contrary in any wife notwitb-
fianding: and whereas great number of carts, drays, and other car*
riages fhod with inn^ and drawn with more than two horfes, di
daih under the authority and pirmiffion of the faid aSt^ pafi and re-
pa/s through the flreets, fttuate within the bills of mortality, to the
great fpoil and ieftru^ion of the pavement oftbefaidjlreets, and the
great annoyance and prejudice of the inhabitants within the fame ; for
preventing whereof for the future, be it enadled by the King's
mod excellent majefty, by ar^l with the advice and confent of
the lords fpiritual and temponJ^ and commons, in this prefent
parliament aflembled, and by the authority of the fame. That
the faid claufe or provifo herein before fet forth and recited, (hall
from and after the twenty ninth day of September, which (hall
be in the year of our Lord one thoufand feven hundred and
forty five, and the fame is hereby enaded and declared to be
from thenceforth repealed.

II. Jnd whereas in and by an aSl made in thefecond year of thi

reign of the'xr faid late Majefiies, it is (amongft other things^ ena^ed.

That from and aficr the fifteenth day of December, the wheels tf

every cart, car, or dray, to be ufed for the carriage of any thing

whatfoever^from any place within the cities andpartfi^es tbgrein mn-

tioned, to any place fttuate in the faid cities and tarifbes where ibe

flreets are paved, fbdl be made to contain the breaath of fix inches in

the felly y andjhall not be wrought about with any iron work wbatfi'

foer, nor be drawn with above the number of two horfes, after tbej

are up the bills from the water Jide, under the penalties in the faid aS

contained: ana whereas the fame, fifar as it relates to the drawing

.- fmb carti car, or dray^ with two norfes only^ hath been found ip'

Carts, Ac. anvenient; be it theref(>re enadcd by the authority aforcla2,

Ao^nay be ^^^ ^^^°* ^^ ^^^^^ ^^^ ^^ twenty ninth day of September^ one

utad. thauhni

A claufe
therein re-
pealed.

a W. & M.
flat. 2. c. S.
U&. 19.

1 745* Anno dcdmo oftavo Georgii U. c. 33. 383

thoufand feven hundred and forty five, it (hall and may be law-
ful to and for any perfon whatfoever to make ufe of any cart,
car, or dray, as aforefaid, drawn by three horfes ; the faid re-
cited a6t, or any other a<5t, law, or ufage to the contrary in any
wife notwithftanding.

. III. Provided always, and it is hereby further cnaded. That Penalty of
in cafe any perfon or perfons (hall, after the faid twenty ninth ^c"^rawn bv
day of September J one thoufand feven hundred and forty five, ^^^ ^^^ ^
make ufe of any fuch cart, car, or dray, drawn by more than 3 horfes.
three horfes, as aforefaid, every fuch perfon or perfons (hall be
liable and fubje<5t to all and every the penalties by the faid acft di-
rected to be infli<5led upon any perfon or perfons ufing any cart,
car, or dray, drawn with more than two horfes ; any thing in
the faid ad to the contrary thereof in any wife notwithftanding. ,

IV. And whereas great inconveniences have ari/en/rem the irre" Name of the
lular behaviour of carmen, draymen^ and other perfons driving carts, owner of
drays i and other carriages, within the cities of London and Weft- ^H^^* ^
minfter, and fuburbs thereof the borough of Southvrzik, and other ^^^^^^ ^nd
Jlreets within the bills of mortality^ by their miju/ing and hindering the numbered*
paffage of his Majejly'sfubje^fs through the faid Jlreets and highwaj^s^

and committing other dijoraers of the like kind: for remedy whereof,
be U enadted by the authority afore(aid. That from and after
the iaid twenty ninth day ot September, no perfon or perfon»
^whatfoever (hall drive any can, car, or dray, of any kind*
whatfoever, within the limits aforelaid, unlets the mafter or
owner of fuch cart, car, or dray, (hall place upon fome confpi-
cuous part of fuch cart, car, or dray, the name of the owner
of fuch cart, car, or dray, and the number of fuch cart, car,
or dray, fo belonging to him, in order that the driver of fuch
cart, car, or dray, may be the more eaiily convicted for any
4iforder or mi(behaviour committed by him, as aforefaid.

V. And be it further enadked by the authority aforefaid. That and regiftered
every owner of fuch cart, car, or dray, refiding within the li- ^^}^ ^^^ ^^"*
mits aforefaid, (haU enter his name, and place of abode, with £JS!J!^
the commiflioners for licenfing hackney coaches, for which coaches,
entry he (hall pay the fum of one (hilling, and no more; an4

the laid commiffioners are hereby authorised and required to
receive and regifter fuch entry, as aforefaid.

VI. And be it further enadted by the authority aforeiaid. Under pendtj
That in cafe any perfon or perfons (hall drive any fuch cart, of 409.

'car, or dray, within the limits afore&id, not marked, number-
ed, and entered, as is herein before directed, every fuch per«
(on fo offending, (hall forfeit and lofe the fum of forty fliillings ;
^d it (hall and may be lawful for any perfon or perfons to feiee
and detain the cart, car, or dray, or any of the horfes drawing
the (ame, and them to detain till fucb penaky (hall be paid.

VII. Provided always, and it is hereby enacted. That it (hall Cart wheeU
and may be lawful to and for any perfon or perfons u(ing any mav be bound
cart, car, or dray, as afdrefaid, having the wheels of the full ?^* ^'^SjJ^
breadth of Ox inches, when worn, to have the (ame bound ^^^ fofe.*
found wsh ftreaka or tire of iroq, provided fuch ftrcafcs or tire headed va^

4rf

w

384 Anno decimo oftavo Georgii IL C. 34; ['745.'

of iron be of the full breadth of fix inches, and made flat, and
' not fet on with rofe-headed nails; any law, ufage or cuftom to
th« contrary thereof in any wife notwithftanding.

CAP. XXXIV.
An a£l to explain^ amende and make more effeSIual the laws
in beings to prevent excejfive and deceitful gaming -^ and to
rejlrain and prevent the excejfive increafe of horfe races,

H E R E A S notwithftanding the many good and whoUfome laws
new in being, for preventing exceffwc and deceitful gamini^
many pcrfons of ill fame and reputationy who have no vifible means
cf fubfj/lencej do keep houfes^ roomSy and other places^ for playingy
and do permit perfons therein to play at cardSy dicCy and other deviccSy
for large fums of money ^ by means whereof divers young and un-
wary perfonSy and otherSy are drawn in to lofe the greatefl party
and fome times all their fubfance ; and it frequently happens they are
thereby reduced to the ulmdl neceffitieSy and betale themfelves to the
mofl wicked courfeSy which end in their utter ruin: and whereas a
certain pernicious game called roulety or rofy-pofyy is daily praSfifed^
and the laws now in being havCy by experiencey been found ineffec-
tual to put a flop to fuch pernicious practices : for remedy where-
of, may it pleafe your Majcfty that it may enabled; and be it
enabled by the King's mod excellent majefty, by and with the
advice and confent of the lords fpiritual and tempera}, and
r fti 11 commons, in this prefent parliament aflembled, and by the au-

k^nS^ ^'^^"^y ^^^^^ ^^"^^» ^^^^ ^^^^ ^"^ ^^^^^ ^^^ ^^^"^y ^^^^^ ^'•y

for playing of JunCy one thoufand fevcn hundred and forty five, no pcrfoa
roly.poly,or or perfons, of what condition foever, (hall keep any houfc,
other game xQovciy or place for playing, or permit or fuffcr any pcrfon or
dkc*^ "^ perfons whatfoever, within any fuch houfe, room, or place, to
* play at the faid game of roulet, otherwifc roly-poly, or at any

other game, with cards or dice, already prohibited by the lavs
of this realm ; and in cafe any perfon or perfons whatfoever
(hall keep any fuch houfe, room, or place for playing, or per-
mit or fuffer any perfon or perfons as aforefaid to play at the (^
game of roulet, btherwife roly-poly, or at any other same,
with cards or dice, already prohibited by law, fuch perfon or
tinder penal- P^^'f^^^ fo offending, (haU incur the pains and penalties, and
ties of ixGto. he liable to fuch profecution as is directed in and by an a<5t m»ie
acts. in the twelfth year of the rdgn of his prefent Majefty, intituled,

An a£tfor the more effieiual preventing exceffrue and deceitful gaming,
p r I n. And be it further enadled by the authority afore&id,

\^ nlalfincur That if any perfon or perfons whatfoever (hall, after the faid
the penalties twenty fourth day of Juncy one thoufand fe\'cn hundred and
of 11 Geo. 1. forty five, play at the faid game of roulet, otherwifc roly-poly,
c. 18. Qj. at any game or games with cards or dice, already prohibited

by law, every fuch perfon or perfons fo offending, fhall alfo
incur the pains and penalties, and be liable to fuch profecutxoo»
as is dire<fted in and by an aft made in the twelfth year of the
reign of his prefent Majefty, intituled. An a£f for the more ef
fe£tual preventing exceffwe and deceitful gandng.

1745-J Anno dedmo odtavo Georgii IL c. 34; 385

III. And ^Luhereas in and by a certain Jiatuie^. made in the ninth

year of the reign of her late majefty. ^ueen Anne, intituled^ An 9 Ann. c. 14.
adl for the better preventing exceflive and deceitful gaming, /'/
is (ammgji other things) enaSfe^d^ That from and after the firft day
ofMzy^ one thmfand Jeven hhndred and eleven^ any perfon or per*
fons whatfoever^ who Jbould at any time or fittings by playing at
tardsy dicey tables^ or other game ongames whatfoever^ or by betting
on the fides or hands offuch who do play at any of the games afore^
faidy lofe to any one or more perfon ^r perfonSj fo playing or bettings
in the whoky the fum of ten pounds^ andjhould fay and deliver the
famey or any part thereof the perfon or perfonsfo lofingy or payings
9r delivering thefante^ jbould be at liberty y within three, months then
nexty to fue fory and recover the money or goods fo lojl and paid y or
ieliveredy or any part thereof from the rejpe^ive winner or tvinners
thereof with cofts of fuit ; to be fuedfory and recovered by a^ion of
debty founded on thejaida^y to be profecutedin any of her then fatd
Majefifs courts of record \ in which anions or fuits no ejfoin, prO'^
te^iony wager of lawy privilege of parliamenty or more than one
imparlance Jhall be aUowedy with further dire^ionsy as in thefaidaSl
2re partictdarly fet forth : and whereas for the better difcovery of the
moniesy or any thing fo wony and to be fuedfor as aforefaidy it is by
the faid ftatute enaSied^ That all and every perfon orperfonSy who^
hy virtue of the faid fiatutCy Jbould or might be liable to be fued for
anyfuchjum or fums of money y or valuable thingy Jhould be obliged
fnd compelled to anfwery upon vathy fuch bill or bills y as Jhould bepre^
ferred againjl him or themy for the difcovery of the fum or fums of
money to be won at play as' ajorefaid ; but no provijion is madcy or au"
tbority given to any court of equity to decree the fame to be paid;
be it cna<fted by the authority aforefaid. That from and after the 0,1,^ of equl*
Paid twenty fourth day of jfuncy one thoufand feven hundred t^, where a
and forty five, in cafe any bill or bills (hall be brought, exhibit- bill (hall be m*
sd, and filed in any court of equity, againft any pSfon or per- *^ fo^any fum
Tons, for any fum or fums of money won by any perfon or per- J^^'^ their ^^*
Tons after the faid twenty fourth day of JunCy one thoufand fe- decree ar in
tren hundred and forty five, contrary to the true intent and other caofei*
meaning of the faid a<5t, it (hall and may be lawful for fuch
:ouit, wherein fuch bill (hall be brought, exhibited, and filed,
to proceed and decree thereupon, and enforce fuch decree or
decrees, as (hall be made in purfuance thereof, in the fame man-
ner, as is pradlifed and ufed in other caufes, upon bills and an-
fwers depending in the courts where fuch biU (haM be fo brought
and exhibited.

IV. And for the more eafy conviAion of perfons ofFendmg
igainft this or any other former a6t, for preventing exceffive and
deceitful gaming ^ be it enadted by the authority aforefaidy
That it (hall and may be lawful to and for fuch i>erfon or per-
fons, who have jurifdidtion to hear and determine informations, 9" ^nfonn**
upon the ftatutes againft exce(rive and deceitful gaming, upon offence*^ *"^
any information exhibited before them, for any offence commit- gainftthitaf^,
ted againft this ad, or againft the (btute made in the twelfth or t* Geo- %.
year of bis prefent Majefty, intituled. An ad for the more tf'^*^'n^

^ VolXVIU. Cc AZil ^

386 Aimo dedmo o6faivo GCbRGii IL c. 34? [i74S*

feffual preventing of exceffive and diuitfid ganofgi or ^inft one
other ad made in the thirteenth year of the reign of his picfiem
Majefty, intituled. An a^ U rejlrain and pmjent the exuffroe n-
ereafe if hvrfe raceu and for amending an a^ made m the L^ feff^
if parliitmenty intituled^ An tA for the more effedoal preventing
texceilive and deceitful gaming ; to fummon any pcifon or pcr-
bcfumniortcd '^"^^ ^^^^ ^^^^ ^^^ P*^ accufed, to appear before them, at
to givecvi. a certain day, time, and place, to be inferred in fuch fammoos,
dcr.ce : and to give evidence for the di^very of the truth of the matter

in the faid information contained; and in cafe of negled, or
rft^OTrlf Hi ^^^"'^^ ^^ appear, or if upon appearance, fuch peribn or pciiMS
to appear "or 'h^ll refufe to give evidence, or (hall give any fialfe evidence, c- ;
giving ralVe Tcry fuch peribn or perfons fo offending, (hall forfeit and lo(e the |
evidence (hall fum of fifty pounds; to be levied by diftrefs and fale of the of- !
foifcit 50L fender's goodf and chattels, by warrant under the haiuls and ■
feals of fuch perfons ifluing fuch fummons as aforefaid ; and in
cafe fuch perfon or perfons not appearing, or negle&ing, or re- ,
fuiing to give fuch evidence, or giving any falfe evidence, (hall ;
not have fufHcient goods and chattels, whereon to levy the faid ,
fum of fifty pounds, every fuch peribn or perfons (hall be, by -
fuch perfon or perfons, having jurifdidtion as aforefaid, commit-
ted to the common gaol for the county, city, or place, where
dr be commit- fy^j^ offence (hall be committed, there to remain for the fpact
months? ®^ ^^ months, without bail or mainprize.

V. And be it further enaded by the authority aforefiud,
No perfon in- That from and after the twenty fourth day of Jwie^ one thon-
capableof be--fand feven hundred and forty nve, no peribn or perfons, other
ingawitneft, than the parties, plaintiff and defendant in the caufe, (hall be
partSs) for incapacitated from being a witnefs, touching any offence com-
bavinffplaycd, mittcd againft the laws for preventing exceffive and deceitfiil
betted, Uc. gaming, by reafon of having played, ^betted, or ftaked at anr

game prohibited by this or anj^ or the faid ftatutes.

VI. Provided alfo, and it is hereby enadted and declared,
Provifo for That nothing in this aft contained (hall extend to prevent or
royal palaces, binder any perfon or perfons from playing at any game whatf(>-

^' «vcr, within any of his Majefty's royal palaces, wherein his

Majefty, his heirs and fucceilors (hall then adually refide.

No privilege VII. And be it further enadted by the authority afbrdaid,

of parliament That no privilege of parliament (hall be allowed to any peribo

to be allowed or perfons whatfoever againft whom any profecution or pn>-

in pro(w:u- ccctling (liall be commenced or had, for keeping of any pubKck

uunt, &c. ^^ common gaming-houfe, or any houfe, room, or place for

playing at any game or games prohibited by this, or any otber

«(^ now in being, againft exceffive or deceitful gaming ; any law,

ufage or cuftom to the contrary in any wife notwith(hinding.

Perfons loGng VIII. And be it enaded by the authority aforefaid, Thatif

19I. at one anv perfon, after the commencement of this adt, (hall win or

time, or »ol. |q(^ g^ pjay^ or by betting, at any one time, the fum or value

maVbc^n?' °^ ^^" pounds, or within tlie fpace of twenty four hours the

di^ed : * fum or value of twenty pounds, fuch perfon (hall be liikbJe to

be indi(5ted for fuch oftcuce within fix months after it is coo-

iiiitte^

1W5-1 Anno dccupo oftavo Georgii TI. c. 34- 387

mitted, fiither before his Majefty's ju/ticcs of the King's bench,
aflize, gaol delivery, or grand feffionsj and being thereof le-
gally convidted, fliall be lined five times the value of the (urn fo and fined 5
won or loft J whjich fine (after fuch charges as the ciourt (haU{^™«» ^^^ ^**
judge readable allowed to the profefCutors and evidence out of
the fame) (hall go to the poor of the pariih or place whe^e fuch
oiTence (ball be coaunitted.

IX. Provided neverthelefs^ That if any perfon fo offending

(hall difcover any other perfon fo offending, fp that fuch perfon OfFcndert di(i
be thereupon convi<fted, the perfon fo difcovering (hall be dif- j^c^^nlfll^be
charged and indemnified froni all penalties, by reafon of any <iifchai^cd.
JTuch offence, if fuch perfon fo difcovering hath not been before
convifted thereof^ and (hall be admitted as an evidence to prove
the fame.

X. Provided always, and it is hereby declared. That nothing Not to repeal
in this a<a contained (hall extend, orbeconftrued to extend, to 9 ^^^' ^* '**
Repeal or invalidate an adt made in the ninth year of the reigii

of her late majcfty Queen yfe«^, intituled, Jn a^ for the better
preventing exceffive ana deceitful gaming.

XI. 4nd whereas in an a^ pajfed in the thirteenth year of his x3Geo.i«G xf •
Maiefifs reign^ intituled^ An adt to re(train and prevent the ex- f. 3«
ce(nve increafe of horfe races, and for amending an ^& made In

the laft feffion of parliament, intituled. An d^ for the more ef-
feSlml preventing of £xcejjive and deceitful gaming ^ it is (among
ether things) enaStea^ That from and, after the twenty fourth day of
June, one thoufand feven hundred and forty ^ no horfe ^ mare^ or
gelding J being 0/ the age of five years'^ Jball hf entered^ flarted or run^
for any plate j prize^ fum of monev^ or other thing wnatfoever<,unlefs
fuchhorfe^ mare^ or geldings Jhall carry ten f one weighty computing
fourteen pounds to each fione weighty and that no horfe ^ mare^ of
geldings being of the age of fix year s^ Jhall be enter ed^^ Jlarted or ru^
for any plate, prize^ Jiim of money y or other thing. whatfoever, unr
Ufs fuch horfe^ mare^ or gelding, Jhall carry eleven fione, computr
ing fourteen pounds to each fione weight j and that no horft, mare^
or gel£ng, being of the age of feven nars, flyall ie entered, flarted^
or run for am plate, prize, J urn 0/ money, or other thing whatfo"
iver, unlefs fuch borfe, mare, or gelding Jhall carry twelve fione
weight, computing fourteen pounds to each fione weight; and in cafit
. any perfon or perfons Jhall enter, Jlart, or run any horfe^ mare, or
gelding of either of the ages aforejaid, for any plate, prize, fum of
money, or other thing, carrying lefs than the weights herein before
dire&ed to be carried, Juch horfe, mare, or gelding, or the value
thereof, Jhall he forfeited; and the perfon or perfons fo entering^
ftartmg, on running fuch horfe, mare, or gelding, flktll forfeit and
lofe the fum of two hundred pounds: and whereas the thirteen royal
plates of one hundred guineas each, annually run for, as alfo the
high prices that are cof^antly given for horfes of flrength and fize^
are fuffiiient to encourage breeders to raife their cattle to the utmojl
fize and Jlrengtb poffible; be it therefore ena<5ted by the authority
aforefaid. That it inall and may be lawful for any perfon or per-
(ffciSj firom and after the twenty fourth day of %»/, one thou- R^P**«»*

Cc2 ' ^ fand

i3.Car.i. C.9*

388 Anno dccimo ofbivo Georgii II. c. 35* ['745'

land Teven hundred and forty five, to run any match, or to fiart
and run for any plate, prize, fum of money, or other thing, of
the real and intrinfick value of fifty pounds, or upwards, at any
weights whatfoever, and at any place or places whatfoever,
without incurring or being liable to the penalty or penalties in
the faid a<ft of the thirteenth year of his Majefty's reign, relat-
ing to weights as aforementioned, and in the fame manner, as
might have been done if the faid ad had never been made; any
thing herein contained to the contrary notwithftanding,

CAP. XXXV.

jfn aff far the further regulating and better government of
bis Majeftfs navies^ Jhips of war ^ and forces by fea^ and
for regulating the proceedings upon courts martial in tbefea
fervice. Rep. 22 Geo. 2. c. 33.

WHEREAS in and by an aSi of parliament made and pajfd
in the thirteenth year of the reign of his late majefly King
Charles the Second^ intittded. An a<£t for e2tabli(hing articles and
orders for the regulating and better government of his Majefiy's
navies, (hips of war, and forces by fea, divers orders and dim-
tigns were made and ejiablijhedy for the purpofes in the faid aQ men*
tioned'y and the feveral crimes and offences therein fpecified^ are
thereby dire^ed to be enquired intOy and tried by courts martial t$
be h olden for that purpofe: and it was thereby further ena^ed. That
the lord high admiral for the time beings Jhould have full power and
authority^ by virtue of the faid a^y to grant commiffions to inferier
vice admirals^ or commander in chief tf any fquadron of JhipSy t§
call and ajfemble courts martial^ confifting of commanders and captains i
and that the judge advocate of any fleet for the time being Jbouli
have full power and authority to adminijler an oath, Jn order to tht
examination or trial of any of the offences therein before mentioned;
and that in the abfence of the judge advocate^ the court martial JhouU
have full power and authority to appoint any perfon to admintfter a
oath to the purpofe aforefaid: and whereas by reafon of fome defiQs
in the faid a£i of parliament ^ and in the confiitution and proceedini^
of fuch courts martial^ great inconvenience may happen to the puUsi
Jervicey and feveral crimes and offences^ and mifdeameanorsy relat-
ing to the government of his Majefty^s fleets^ navies j and Jhips ^
wary may efcape punijhmenty to the great prejudice and dijbomwr c/
thefe kingdoms: therefore, for the remedying and fupplying the
faid defeAs, and for maintaining a proper and ftridt goVem-
mcnt and difcipline of his Maje(^'s navy, wherein at all times,
and more cfpecially in time of war, the wealth, ftrength, and
fafety of thefe kingdoms are fo much eoncerned*; be it enaAe(!f

Lord high admiral, or commifllontr», &c. may mnt commiiTions to%
oflicert, &c. or captains, to call courts martial; judge advocate to coUett
the evidence, inform the court, and profecute; and to fummon vritneflcs
perfons fummoned not appearing, or not giving evidence, (hall forfdt lool.
Admiral, &c. by whole powers any court martial b held not to prdide

there-

^745*1 Anno dccimc oftavo Georgii II. c.3^. 385

therein 1 but proceedings to be laid before Iiim. Peifont commttting per.
fury» or fubominfi^ thereto, in an/court martial^ to be puniflied at by 5
Eliz. €. ^. and 1 Geo. 1. c. 15. Corrupt pradUces, to perfuade perjury to
be ufed m any court martial, to beprofecuted in the King's bench. The
offence fufficient to be fet forth » without the commiflion for holding the
court, &c. Articles of war, Sec. with refpeft to crews of (hips wrecked or
loft, to be in force : except taken by the enemy, until difcbarged, remov-
ed, or tried : if on trial the crew have done their duty, their pay to con-
tinue : or having adled contrary thereto, to be punithed.

CAP. XXXVI.

jIn d£l fof prohibiting the wearing and importation of cam^
bricks and French lawns.

WH E R E A S iV /; evidently for the advantage of this Ungdom^
that the wearing of cambricks and French lawns Jbould be pro-
bihited ; be it enaded by the King's moft excellent majefty, by
and with the advice and confent of the lords fpiritual andf tem-
poral, and commons in this prefent parliament aflembledy and
by the authority of the fame. That trom and after the twenty „ ...
fourth day of June, which (hall be in the year of our Lord one or^'pSlKh
thoufand feven hundred and forty eight, it (hall not be lawful Uwn to be
for any perfon or perfons whatlbever to wear in Great Britain^ worn, wnder
in any garment o
lawn, under the ;
of five pounds, 0

fuch offence, being lawfully convidted thereof by the oath or
oaths of one or more credible witnefs or witnefles, before any Jaft»ce to fum-
one or more juftice or juftices of the peace; which juftice and ]JJ.cSfed! ^^
juftices is and are hereby refpedively authorized, and (lri(5llv
enjoined and required, upon any complaint or information up-
on oath, exhibited or brought of any fuch offence committed
contrary to this adt, within fix days after commitment thereof^
to fummon the party accufed, and upon his or her appearance
or contempt, to proceed to examination of the matter of facSl ;
and upon due proof thereof made, either by voluntary confef-
(ion ot the party, or by the oath or oaths of one or more credi-
ble witnefs or witnefTes (which oath or oaths the faid juflice or
juftices is and are hereby refpedlively impowered and required
to adminifter,) to hear and determine the fame; and upon fuch
conviction, to caufe the faid penalty, by warrant under his or
their hand and feal, or hands and feaJs refpedlivcly, to be levied
by di^refs and fale of the offenders goods and chattels, render- Penalty to be
ing the overplus (the charges of fuch diftrefs and fale being firft levied by dif.
deduaed) nevertbclefs it (hal! be lawful for the party aggrieved, ''*«*» *"^ ^*'«-
\o appeal to the juftices of the peace at the next general or quar- Appeal to the
ter feffions to be holden for the county, city, riding, or place, auarter-fef-
Bvhere the faid offence or offences ftiall have been committed, ^ons j
jiving fix days notice at leaft of fuch appeal to the profecutor or -^ ^ ^
jrofecutors 5 which iuftices, at fuch general quarter feifions, notice.
ire hereby authorized and impowered to hear and determine
ht fame, whofe determination (hall be final.
JL Andbf^it further ena^ed by the authority aforefaid. That
Cc3 if

390 Anno decimo oftaro Georoii II. c. 36. C^745»

Sellers of if any perfon or perfons (hall, from and after the faid twenty
cambnck fourth day of June, one thoufand fevpn hundred and forty
toiprlcitsl. gight^ vend, utter, fell, ox expofc to fale any cambricks or
French lawns, made or not made up, fuch perfon or perfonii fo
vending, uttering, fcllinff, or expofing the fame to fale (except
for exportation only) and (hall thereof be convicted, (hall for-
feit dnd pay the fum of five pounds, to be recovered and levied
as aforefaid.
The perfon III. Provided always, and it is hereby declared. That if any
K^l*"^?"^' perfon or perfons (hall, from and after the faid twenty fourth
vcrinff the ' ^^y ^^ 3^^^^» °"^ thoufand feven hundred and forty eight, be
fdler Ihall profccuted by this 2A for wearing in or on any garment or ap-
bc difcharged. parel, any cambricks or French lawns, and fuch perfon or per-
fons (hall difcover upon oath, before anyone or more jufticcor
jiiftices of the peace, the perfon or perfons who fold fuch cam-
bricks pr French lawns, to fuch perfon or perfons fo wearing
the fame, fuch perfon or perfons fo difcovering as aforefaid,
fhall be, stnd is and are hereby freed and difcharged of and from
all and every fuch penalties and forfeitures as aforefaid, for
wearing fuch cambricks or French lawns ; and the perfon and
perfons fo felling fuch cambricks or French lawns, to fuch per-
fon or perfons as (hall vtrear the fame, (hall be liable to th«
penalties and forfeitures herein before laid and inflicted ; and
the fame (hall he recovered and levied, and difpofed of in fuch
manner as the penalties and forfeitures iivhich are inflidled by
this a6t, for wearing of cambricks or French lawns.
No cambricks, IV. And it is further cnacfted by the authority aforefaid. That

hc' '^ ed ^^^^ ^"^ ^^^^ *'^^ ^^"^^ ^^y ^^ ^^^^ ^^^ thoufand feven hua-

tni '^00} ^^^^ ^'^^ ^^^^y fi^^» ^^ cambricks or French lawns (hall be ad-

madc that mitted to be imported or entered into any port of Grecji Brhmn^

they are the until after proot upon oath (hall have been made by thein^porter,

Pr^)»J'^y 5»f or if a ^/aier, by affirmation, at the time of entering the fame,

fubjeSs! ^ before the proper officer or officers of the cuftoms at the port of

importation (which oath or affirmation fuch officer or officers

are hereby impowered and required to adminifter) either that the

fame are the fole property of the importer, or of fome othd" of

If any alien ^^^ Majefty's fubjedts, and that no alien or foreigner hath any

hathintercft property, intcrefl. Or concern whatfoever therein j or other wife, if

therein, proof any alien or foreigner hath any intercft or property therein, then,

tHartlTcy were ^^^ ^" }^^^^ ^^^^' ^^^^^ ^^'^ ^^ 8'^^ ^y ^^^ »mporter, to the
ihipped tor fatisfadion of the aforefaid officers of his Majcily's cuiloms,
importation that the fame were really and bona fide (hipped in order for dircA
before May importation into Great Britain^ on or before the faid tenth day
»o> »74-5' o{ Moy, one thoufand feven hundred and forty five.
No foreign ^' ^"^ ^^ it further enadted by the authority aforefaid. That

cambricts to from and after thfe firft day of Augufi, one thoufand feven huo-
be imported dred and forty five, it (hall not be lawful for any perfon or per-
fons whatfocver, to import or enter into any port of Great Bri'
tain, any foreign cambricks or French lawns, unlefs bills of load-
ing be produced for the fame, or fuch other proof or evidence be
given tothecommiflSoncrsof hisMajcfty*s cuftom*, ortothecbief
officer or officers of the cuftoms at the port of iqnportation, as

tbtj

1745*] Anno decimo o£bvO Georgii II, C.37. 391

they ihall think fufficient or require, that the faid cambricks or
French lawns were really and bona fide (hipped for direft impor-
tation into Great Britain^ on or before the faid firft day of Ah"
gu/iy one thoufand feven hundred and forty five.

VI. Provided always. That it (hall and may be lawful to im- ^opditions ot
port or enter into any part of Great Britain after tlAfirft day of ^^^J^^ ^^^
-^^mfli one thoufand feven hundred and forty fix, any cam-nj^y beim-
bricks, French lawns, or othey linen whatfoever, of the kind ported*
ufually entered under the denomination of cambricks, upon the
importer making oath, or if a ^aierj affirmation, that they
are entered for exportation only, and that they are Bcally .ando" proof that
bona Me the property of the faid importer, or of fome other of 5*J^y ^* ^"^-
his Majefty's fubjefls, and that no alien or foreigner hath any'^ ^^'^°^^'^*
intereft or property therein ; and alfo upon the faid importer
giving fufficient fccurity by bond, to the fatisfadion of the com- ^Jj^^J^^Jj^"^
miiTioners of the cuftoms, or the chief officer or officers thereof fhey (haU be
at the port of importation, for the ufe of his Majefiy, his beirs exported in 3
and fucceiTorSj^ in double the value of the goods fo imported, X^*^**
fuch value to be afcertained by the oath or affirmation of the
importer as aforefaid ; and which bonds, oaths, and affirmations
refpedively, the proper officers are hereby authorized and re*
quired to receive and adminifter, . for payment of the futn of five
pounds for each and every piece of fuch cambricks and French
lawns, which (hall not be exported out of this kingdom, with-
in the term of three years, after the entry of the (ame; any
thing to the contrary in this prefent ad in any wife not with-
[landing.

VII. Provided alfo, That in cafe anv piece or pieces of cam- pieces loft by
brick or lawn fo imported as aforefaid, (nail by fire, or any other Hre, &c. not
unavoidable accident, be. loft or deftroyed, then and in that cafe, '**^^^ ^ *^^
and upon making proof of fuch lofs, to the fatisfaflion of his^*"*^^*
Majefty's commiffioners of the cuftoms, or of the chief officer
ar officers thereof, at the port of importation, the faid com-
miffioners, or chief officer or officers, are hereby authorized
and required to remit to the faid importer, the faid penally of
five pounds, payable for each and every piece not fo exported as
aforefaid ; any thing to the contrary in this prefent a6l in any
^ife notwithftanding.

CAP. XXXVII.
4n aSfor impowering the ftarviving commiffioners and iruf-
tees for forfeited eftates to execute proper conveyances of the
late lord Widdrington*/ efiate^ in the county of Nor-
thumberland (contrasted for by the York Buildings com-
pany) t,o trufteesfor the creditors of the faid company y up-
^« payment ofafum of money therein mentioned into bis Ma^
jejifs exchequer.

WHERE AS *y virtue of an a6l made and pafftdin thefirfijcar^Q^^^^^^^ ^^^
of the reign of his late majefly King George the Firjiy intituled
f^ diS for appointmg commiflioners to enquire of the eftatcs of
* C c 4 certain

39* Anno dccimo oftavo Georgh II. c. 37. [1745

certain traitors, and popiQi recufants, and of cftates given to
fupcrftitious yfes, in order to raife money out of them feverally
4 Geo, X, c. 8. for the ufe of the publick ; and of another aSi made and pajjed in th
fourth year of the reign ofhisfaidlate Majefty^ intituled^ An ad for
vefting the forfeited eftates in Great Britain and Ireland in tnift-
ees, to be (ftd for the ufe of the publick ; and for giving relief to
lawful creditors, by determining the'claims ; and for the more
cfFe6lual bringing into the refpedlivc exchequers the rents and

!)rofits of thefaidcftates till fold; all and every the caJlleSj honours^
ord/bipSj manors, meJfuageSy lands, tenements, rents, reverfieni^
fejvicts, remainders^ pojfejftons, realties, franchifes, jurifdi^ions,
privileges, and hereditaments what/oever, and of what nature or kini
foever they be, in Great Britain, Ireland, or elfewhere, wberetf
any. per/on or perfons who, ftnee the twenty fourth day of June, »
the year of our Lord one thoufand [even hundred and fifteen, had htm
attainted^ or before the twenty fourth day ef June, in the year of
our Lord one tboufandfeven hundred and eighteen, Jbmld be attainted
for high treafon, committed before the firfl day of ]unc, onetboufani
feven hundred andftxteen, within Great Britam, or elfewhere, was
were, orjhouldhave beenfeized, orpoffeffedof, or interefiedin, tr
inti tied unto, on the twenty fourth day of ]unt, one tboufandfeven
hundred and fifteen, or at any time afterwards, in his, her, or their
ewn right, or to his, her, or their own ufe, or whereof af^ other
ferfon or perfons was, were, or Jbould have been feized, or poffeffei
of, or interefied in, to the ufe of, or in truft for them, or any of them,
on the f aid twenty fourth day of June, one tboufandfeven hundred
and fifteen, ar at any time afterwards, were v^ed in, and fettled
upon, Richard Grantham efyuire, George Treby efquire, Arthur
In^m efquire, George Gregory efquire. Sir Richard Steele
Jtntght, Sir Henry Hoghton baronet, Patrick Haldane efquire. Sir
Thomas Hales baronet, Robert Monro efquire, Henry Cuning-
liame efauire, Denis Bond efquire, John Birch ferjeant at law,
and Sir John Eyles baronet, their heirs, executors, admimftratm,
andaffigns, from the twenty fifth day of Mzrch, one tboufandfeven
hundred and eighteen, to the end the fame might be bargained, fsld^
difpofed of, arid applied, by the faidtrufiees, and the furvivors if
them, to and for the ufes andpurpofes in thefaidaR of the fourth ym
of the reign of hisprefent Majefiy, mentioned, declared and appenntei",
and it was thereby further ena^ed% That from and after tbefaidtwioty
fifth day of March, one tboufandfeven hundred and eighteen, thejaid
commifiioners and trtiflees, or any four or more of them, refiding he
England, Scotland, or Ireland refpeaively, fbould, and they were
thereby enabled and required to fell allandfingular the eflates andiih
ierefis vefled in them as aforefaid, and every or any part^ or pared
thereof, to any perjon or perfons, being proteftants, bodies pelitieter
(orporate, their heirs, Jucceffors, executors, adminifirators or affigits
{other than the f aid commifftoners and truftees, or their officers refiec*
tively, or any other or others in truft for them, or any of them) whi
Jbould become purchafer orpurchafers thereof-, and that the find cm-
mijftoners and ttufiees, or any four or more of them, refiding in Eng-
Jgi^d, Scotland, or Ireland refpeRively^ after taufing pubSei notue

1 7450 Anno^dccimo o6hivo Georoii II. c. 37. jjj

to bigivifij as is therein mentioned, Jhould expofe the fame iofale, in
fuch parts or proportions as they Jhould think convenient,^ by cant or
au^ion, beginning or fettingup the fame at fuch price as thefaidcom^
mijjioners and trufteeSy or any four or more ofthem^ reftding in Eng-
land, Scotland, ^r Ireland refpeSfively, Jhould thinijit\ and that
every perfon or perfons, who Jhould thereupon bid mofi tor the fame in
Jlerling money, over and above the price fo to befet thereon as afore^
faid, Jhould be deemed and reputed to be the purchafer or pur chafers
thereof', and that the f aid commijftoners and truflees, or any four or
more of them ^ reftding in England, Scotland, and Ireland refpec-
tively, Jhould immediately, upon every fuch fale or contract, caufe an
entry to be made in their books of all and every the particular eftatesfo
fold and contracted for, and whatefiate and inter eji they fold therein,
and of the buyers names and f laces of abode, and the prices agreed up^
fin; and for the further fattsfa^ion of fuch buyers or contractors, if
they Jbmldinfiji thereupon, the faid commijjioners and truflees, or any
four or more of them, rejiding in England, Scotland, or Ireland
refpeCtively, Jhould give a note in writing, imder their hands and feals^
unto the feveral buyers refpeStively, exprejfmg the particulars by them
bought, and for what eflate or interefl therein, and the price or con'*
Jideration thereof, and the time of fuch fale or contract -, and thereupon
every fuch buyer or buyers Jhould pnoy the price agreed upon into the re^
eeipt of his MajeJifs exchequers in England and Scotland refpeSiive^
ly, at fuch time as the faid commijfwners or truflees, or any four or
more of them rejiding in England, Scotland, or Ireland reJpeCtive^
fy, Jhould appoint j and the faid commijftoners and truflees, or any four
or more of them reftding in England, Scotland, or Ireland refpec^
tively, being certified of the payment thereof into the refpeCfive cxche-
quers, Jhould execute •« indenture or contract of bargain and fale of
the parcels fo bought and paid for, as aforefaid, to fitch buyer or buf^
ers thereof, for fuch eflate or interefl therein, as the faid commiffioners
and truflees, or any four or more ojf them, rejiding in England, Scot*
land, or Ireland refpeSHvely^Jhmldhave contracted to Jell the fame -,
every which faid indenture or contract Jhould particularly exprefs or
recite the conjideration paid or given for the fame, and Jhould thereof
acquit and difcharge every fuch purchafer or purchafer 5, his and their
heirs, fuccej/ors, executors, adminifirators, and affigns: and it was
thereby further enaCted, That the powers thereby given to the faid
iommifftoners and trujiees, Jhould not determine by the deaths of any
one or more of them : and in cafe of the death or deaths of any one or
more of the faid commiffioners and truflees, the furvivors of them
(being four or more to refide i;f England, and as many in Scotland^
Jbould, and they were thereby required and authoris^ed to execute and
perform all the trufls, powers, matters, and things in the faid aCts
contained, as fullj and effectually, as the whole number of commi/Jion^
in and truflees thereby appointed, or any quorum of them, might ex-
ecute or perform, if they were all living, as by the faid feveral aCts
of parliament may morefuVy and at large appear \ and wnereas Wil-
liam ij// /^ri Widdrington was, after the twenty fourth day of
June, in the year of our Lord onethoufandfeven hundred and fifteen,
,0n4^^for^ ^i^ twenty fourth day of JunCf one thoufandfevcn hun-
dred

394 Anno decimo o6Uvo Gborgii IL c 37. [1745.

dred and eigbuen^ attainttdfor high treajbn^ commtud before tbt
firftday of June, one tboufandfeven bunared andfixieen \ and was^
at the time offuch his attainder^ feized^ poffeffea of^ inter e/ied ;«,
and intitled untOy in bis own rights or to bis own proper vfiy of£-
vers manors^ meJJitageSy lands j tenements^ and hereditaments^ fstu-
ate^ lying and beings in the county of Honhumhcrhnd^ of the jeor^
ly value of one thouf and five hundred fifty eight pounds^ fourteen ftH-
lings J and two pence ; and by force and virtue of the /aid attainder^
and the feveral a^s of parliament herein before mentioned^ tbefaidfe-
veral nwnorSj meffuages^ lands^ tenementSy and hereditaments became
vejied in the faid Richard Grantham, George Treby, Arthur
Ingram, George Gregory, Sir Richard Steele, knighty Sir Hen-
ry Hoghton baronet, Patrick Haldane, Sir Thomas Hales, Ro-
bert Monro, Henry Cuninghame, Denis Bond, John fiirch,
and Sir John Eyles, for the Jeveral intents and purpofes in thefiid
alts of parliament mentioned: and whereas in purfuance ofthejeii
all of the fourth year of his faid late Majejly, the faid commiJjUonirs
and trujleesy or four of them refiding in England didy on the tbir*
tietb day ^ March, in the year of our Lord one thoufand fevenhun^
dred and twenty , at their boufe in EfTex Street, in the parijb of
Saint Clement Danes, in the county of Middlefex, put up to file
by way of cant or auliiony feveral manors, mejfuagesy lands^ tcne-
. mentSy and hereditaments, being the ejlate of the faid late lord Wid-
drington, lying in the parijh ^'Woodhorne, in the county ofSot"
thumberland, fpecified and defcribed in a particular or rental there"
^f printed and publijhed by order and direHions of the faid commiffi'
oners, or of four or more of them, and therein mentioned to be of the
rent or vake of one thoufand eight hundred and eight pounds ^ four*
teenJhilUngSy and two pence per annum, excluftve of the ineumbrojh
ees charged upon, and affeliing the fame ; and therein mentioned t9
fimotifit together to the yearly fum of one hundred twenty five pounds,
feventeen Jbillings, and eight pence ; and it was at the time of put-
tung up the faid cjlate tofak, fiipulated and prefcribed, that tie pvr*
chafer of the faid eftate Jhould pay one fifth part of the purchafe montj
into the exchequer, on or before the twenty fourto of ]unt then next,
and the remaining four fifths into the faid exchequer, on or before the
twenty ninth day o/St, tember then nextenfuing, together witblauh
ful intereft for the fame, after the rate of five pounds per centum
per annum, from the thirtieth day of the laid month 0/ March^ /|
the day of payment into the exchequer -, ana that the purcbafer JbouH
be intitled to the rents arifingfrom Martinmas then laft ; and where-
as Chriftian Cole of London efquire, for and on tie behalf of the
governor and company of undertakers for raifing the Thames w^er
in York Buildings, did, on the faid thirtieth day of March, one
thoufand feven hundred and twenty ^ bid the fum (f fifty ftueu tboujani
fine hundred pounds for the faid ejiat^ \ which fum being the utmcj^
that was bid for the fame, the faid Chriftian Cole %vas, bvtbefaii
George Gregory, Henry Cuqinghame, Denis Bond». Sir Tho-
mas Hales, Sir John Eyles, ana John Birch, being fin of the
eommijfionfrf and trufiees refiding in England, , on the Jmd thirtieth
Jkff 2/* March, deemf4 ap4 df(lartd (9 ^ ih befi purcbafer ibereofi

0i4

^745-3 A"^ decimo o^ro Georgii II. c. yj. 3^

end thefald c^mmijfwmrs and truftees did certify^ that they tht Jaid
€ommiJponeri and truflees laji named bady on the /aid thirtieth day of
March, contra^ed to fell the faid eftate to the Jaid Chriftian Cote
for the faiifum of fifty f even thoufandone hundred pounds^ to hold
the faid ejlate to the Jaid Chriftian Cole, hii heirs and ajjigm/or
ever ; and the faid ChviKxTin Cole did thereupon agree to pay thepur-
ehafe money for the faid ejlate^ according to. the faid conditions of the
fale thereof \ and the faid governor and company^ orfome.oftbeirj^^
iers or agents ^ was or werefom after put into the pojfefjion efj and
in the receipt of the rents ana profits of the faid ejlates\ and the faid
Chriftian Colt figned a declaration ojtrujion the back of the faid cmr
traety declaring that the purchafe therein mentioned to be made by hinty
wasfo made by him for and upon the account of andas agent for the "
faid governor and company 4 and that the money paid on account of the
faid purchafe, was the proper money of the faid governor and compciny^
and thereby deftred and authorized the truftees appointed for that pur^
pofe^ to convey to the faid governor and companjy and their fucaJforSy
the lands and hereditaments fo by him pur chafed: and whereas the faid
governor and company , in purfuance of the /aid conditions of fale ^ paid
en account of the faid fale , into the receipt of his faid late Alajefifs
exchequer at Weftminfter, on the twenty fifth of )\ynty onethoufand
feven hundred and twenty ^ the fum of eleven thoufand five hundred
and fifty fix pounds , one Jhillingj and eleven pence, being one fifth
part of the faid purchafe money and interejl then accrued due for the
fame ; and whereas the faid whole fum of fifty feven thoufandone hun^-
dred pounds fo contra^ed^ and agreed to be paid for the purchafe of
the premijfes, was not paid on the twenty ninth day of September,
one thoufand feven hundred and twenty^ purfuant and according to the
terms of the faid contra^, butfeveral confiderable fums of money have
fince been paid on account of tke faid fale y into the receipt of his Ma^
jefty's exchequer, which including the fum fo paid on the twenty fifth
day of June, one thoufand feven hundred and twenty j as onefiftb
part of the faid purchafe money ^ amount together to the fum of fif--
ty one thoufand nine hundred feventy two pounds-, five JbiUings,^ and
ten pence, and the rejidue orfurplus of the purchafe money, being fivie
tboiifond one hundred and twenty feven pounds, fourteen fhillings, an4
twopence, was retained by the faid governor and company, on account
of an abatement and allowance craved by them thereout, in refpeSl if
fiver al over-valuations, which were made in the printed rental or
particular, by which the find eftate was pur chafed: and whereas tbi
fmd governor and company being indebted confiderably on their bonds^^
Sdky indentures ofleafe and releafe, dated the feventeentb and eighth
tenth days of January, one thoufiind feven hundred and thirty one^
convey the faid efiate Jo purchafed or contra^edfor by them, as afore-
fmd^ unte certain truftees therein named, in truft to^ be fold for the
.payment offuch of the bend creditors as had accepted the Jaid eftate as
a feeknty ; and the faid truftees werefoon after put into poffeffion of
the faid eflates ; and whereas by a decree of the high court of. Chan-
cery, inade en the twenty fourth day of 0*aober, one thoufand feven
knndred and forty j in a caufe wherein feveraf of the bond creditors of
^faidiompanyj elaiming itadef thejaid tnjft^ wtre plaintiffs^ and
Z tie

396 Anno dccimo oftavo GeoRGII M. C.37: Ci74f

the fald gauernor and company y and thefaid truftees under tbe lot
idnveyance were defendants^ it was oraered and decreed^ tbaitk
faid creditors were intitled to the benefit of thefaid trujls^ and AeH
an auount Jhould he taken of their debts, and that thefaid eftett
fbmld he fold for Jatisfying thejame^ fubje£f to the demand of the crevm
for what remained due of the purchafe money y and that the mmej
arifmg byfuchfale [after fetting apart thirty thoufand pounds to ohj^
wer the demands ^ the annuitants for lives charged on tbe faid cm*
panfs eflates in Scotland j Jhould be applied in fatisfaSiion $f wbat
/hould appear to be really and bona fide due tofuch bond ereditors tf
thefaid company y as were within the terms and conditions ofthefai
trufly and thefaid truflees defiring to be dif charged of their tmjt^ it
was ordered J that they Jhould be dif charged accordingly and that new
truflees Jhould be appointed in their fiead : and whereas Sir Andrew
Chadwick knfght, Samuel Grove cleriy and another perfonjince
deceafedy were in purfuance of the faid order appointed trufteesy in
the room and fiead of the former truflees fo difcharged by thefaid er-
dery and the faid Sir Andrew Cfhadwick, and Samuel GroYC
are now in the pojejfson of and receipt of tbe rents and profits qJ
the faid ejiatesy and there is now due to thefeveral creditors of
thefaid company, claiming under thejaid trufl thefum of one hundred
^etna twenty one thoufand pounds, and upwards: and whereas all the
truflees of the forfeited eftates appointed by thefaid a5l of parHament
§f the fourth year of his faid majefiy King George the Firji, exapt
the fatd Sir Thomzs Uz\cs baronet, George Gregory, andDcai»
Bond) are dead: and whereas a confiderable fum of money bath ac'
erued and become due for interefi, as wellof Jidch part of tbe faid prvh
cipalfum of fifty feven thoufand one hundred pounds, fo contracted t^
be paid for toe purchafe of the premiffes, as was not paid into the «r-
chequer within the time flipulated and appointed by thefaid control,
as of the faid fum of five thoufand one hundred twenty feven pounds^
fourteen Jbillings, and two pence, fo remaining unpaid, and retained
by the purchafers, as aforefaid: and whereas toe creditors of tbe
York Buildings company have propofed, and are willing topaymtt
the receipt of his Majefiy* s exchequer, thefaid fum <ff five tboufead
one hundred twenty feven pounds, fourteen Jbillings, and two pence,
being the remainder of the principal money fo contrasted, to be paid
for the purchafe of the efiate of the faid William, late lord Wid-
drington, in the county ^Northumberland, as aforefaid, andtbq
having made their humble petition and application to parliament, for
an allowance and abatement in refpeit of the feveral over-charges OMi
over-valuations, which were made in the printed rental or particidir
by which the faid efiate was purchafed ; and for relief in the premf
fes, the commons of Great Britain in this prefent parliament affenh
bled, have taktn their cafe into confideration, and have thought ttjaft
and rfafonabU, that the faid fum of five thoufand one hundred twtih
ty feven pounds, fourteen Jbillings, and two pence ^ being tbe prindpi
money remaining due for the purchafe of the late lord Widdrington";
eftate, in the county ^Northumberland, contracted for by tbeYoik
6uildings company, Jhould be accepted in full difcharge of tbepK^
$bafe money for that efiate, and toat the furviving comnaffimiers emi

tnfius

i74^«l Anno decimo nono Georgii II. c. iV '^j,

rujiiiifor thi forfeited ejlates^ Jbmld be authorized and impowered .
0 execute proper conveyances of thefaid ejlate to the tniftees for the
reditors of thefaid company, upon payment of thefaidjunt into his
Majeft/s exchequer : wherefore wc your 1^1336(1/8 no oft dutiful
ind loyal fubjeds, the commons in parliament aflembled, mod
lumbly befecch yqur Majcfty, That it may be enadted, ^e.

>n payment of 5,117!. 14.8. id. into the Exchequer before June s4» 1745,
udd producing a voucher thereof, to the furvivin^ commiflionert of 4. Geo.
t. or their heirs, they may convey the eftate ot the late lord Widdring-
;on, to truftees for the purpofes mentioned by indenture and decree of
I^hancery.

CAP. xxxviu.

Ail 7i&. for rendering more eiFedhial the feveral a£ts pafled for the treating
of hofpitals and workhoufes within the city of Briilol, for the better
employing and maintaining of the poor thereof.

j^nno decimo nono GEORGII II. Regis.

AT the parliament begun and bolden at Weftminfter^
thefrfi day of December, Anno Domini one thou--
fand feven hundred and forty one, in the fifteenth year of
the reign of our fovereign lord George the Second, by the
grace of God of Great Britain, France and Ireland^ King^
defender of the faith, &c. And from thence continued iyfe-
njeral prorogations to the feventeenth day of October, om
tboufand feven hundred and forty five^ being the fifth fej/son
of tbisprefent parliament.

CAP. I.

An aS to impower his Majefty to fecure and detain fuch per^
fons as bis Majefty fhall (ufpeH are confpiring againft bis
perfon and government. Exp.

WHEREAS a wicked and unnatural rebellion is begun, andr
now carrying on, in that part of this kingdom caued Scot-
land, by divers of his Majejlfs fubjehs, encouraged by his ene^
mies abroad, in order tofet a popijh pretender upon the throne, to the
utter definition of the proteflant religion, and the laws and liberties
of this free conftitution : for the better prefcrva ion of his Majes-
ty's facred perfon, and the fecuring the peace of this kingdom
in a time of fo much danger, againft ill traiterous attempts and
confpiracies whatfoever ; be it ena<5^ed, tTr.

Perfons imprifon'd for fufpicion of high treafon may be detained without
bail, until the loih day of April 1746. The Scotch aft for preventing
wrongous impriionmeiit fufpended. This aft to be in force until the iota
day of April, 1746, and no longer. Members of either houfe of parua*

wrongous impriionmeiit fufpended. This aft to be in force until 1
day of April, 1746, and no longer. Members of either houfe of
snent durmg fe&on, exempted, unlefs the confent of the houfe be obtwn-
ed. The horles of fufpefted perfons may be feized i the owners to pay
ibr their keeping. Mares in toie, &c. excepted.

3^ Annp decimo oono G^RGii It cz^^^s \ 1^4)^9

CAP. II.

An a6t to raife tbe nulitia of that part of Great BHtaiif caUed Eogiand,
although the month^spay formerly advanced Jhath not vet been repaid j
and to raiiefuch part of the faid militiay as (haH be )u<(ged mott proper^
ready, and convenient. Exp.

His Majefty may order the militia to be drawn oot into a^hia] fervke, at
any (iine before ^o November, 1746. Each foldier to be provided wkfa
one month's pay m band. The ro^tia of any city, town. Sec. to jaardi
within that time^ -as ordered by the ^Cing» and tbe pay^ ic, advanced to
be repaid in 6 mouths by afleflment.

CAP. III.

An a£l for j^ranting an aid to his Majefty by a land tax to be raifed ia
' Creat Britain, for the fervice <A the year one tboofand feven hundred
and forty fik. EXP. Jt i^, in tbe found.

CAP. IV.

An 2& for continuing the duties upon malt, mum, cyder and perry, in
~ that part of Great Britain called Engbmd j and for granting to his Ma-
jefty certain duties upon malt, mum, cyder and perry, in that part of
Gtii9t Bnfain called Scotland ; for the iervice of tbe year ope thouiiind
feven hundred and forty fix. EX P.

CAP. V.
l(in af^'to enable his Majefty to make rules, orders, and regulations, more

,«i|in5hiaUy'to prevent the fpreading of the diftemper, whkh now raga

amongft the homed cattle m this J^ingdom.
Mis Majefty, with the advice of his privy council, to roa|ce fuch rnks
from thrne to time, as he ftiall \udge moft expedient, in Great Britadn, Ire-
Jand» .&.C. ifor prohibiting the removal or (ale, &c. of diftempered cattle ;
and alfo for the burial of the beafts that die, or are killed wnilft infeded.
The regulations to be notified as his Majefty, (hall think proper $ and read
tbe (irft Sunday after tbe receipt, and every month while in force, in all
xhurchet, &c. after prayers. The orders, te. to be ke|}t by-the miaii^
ter, &c. for infpedHon of the parifliioners. Sec, His Majefty bf prodi-
mation, may prohibit the iinjK>rtation or exportation of Qattlc, hides,
&c. Perfons convi6>ed of offending before a juftice of peace, to forftit
lol. or be committed for three months. Perfons offending in other pam
ef the King> dominions, to be punilbed as guilty of a great mifdemeanor.
jV^lbns convi6led'before a juftice, may appeal to tbe next feffiona, givia;
•jiQtice to the juftice, &c. and fecurity for cofts. This a£t, and all rules
made thereon, to be in force for 8 months, and to the end of the then
next fe(non. Continued and amended ae Geo. a. c. 4. ai Oeo. a. c. 33.
• ai Geo. 2.'C.46. 13 Geo. a. c. t). 14 G<o. a. c. 54. m5 Geo. ». c \u
a6 Geo. a. c 34. 17 Geo. a. c. 14. Continued to i Sept. 1754, Sec.

CAP. VI.

An aU for eftablijhing an agreement wUh tbe g&vemor and
company of tbe hank of England, for canceling certm
exchequer bills upon tbe terms tberein mentioned ; and far
obliging them to advance tbefum of one mil/ion upon ibc
credit of tbe land tax^ and malt duties granted to bis Mi-
jeftyfor the fervice of the year one tboufand feven bundrd
and forty ftx.

W:H£R£AS by an a£l of parUament made andpaffeiinl^
fixtitnth year ofhisprefent Mojeft/s reign, intirultd^ An ad

a. la* ^

1 746*1 Anno dedmo none Georgii II. c. 5. ^^^

for repealing the feveral rates and duties upon vi<5hialler8 ahd ra-
tailers of beer and ale within the cities of London and Weftminjler^
and the weekly bills of mortality ; %nd for transferring the ex-
diequer bills unfatisfied thereupon to the duties for licences to
fell fpirituous liquors and ftrong waters by retail ; and alfo for
enabling his Majefty to raife a certain fum of money for the fer-
vice of the year one thoufand feven hundred and forty three, to
be further charged on the faid duties for licences; ;/ was (amo^ft
cthir things) ena^edj That from and after the twenty fourth day of
June, one thoufand feven hundred and forty tbreOy the feveral rates
and duties impoTed by an aff of the twelfth year of the reign of his late
nmjefty King George the Firfl^ upon all viffuaUers and retailers of
ieer and ale within the cities of London and Weftminfter, and tit
weekly bills of mortality^ JbouU front thenceforth eeafe^ determifu^
^nd be no longer paid or pctyabu ; and it was thereby alfo enaSed^
That from and after the Jatd twenty fourth da¥ of June, one thou-
fand/even hundred and forty threty the principal Jum of four hundred
eighty one thoufand four hundred pounds in exchequer bills (part of
the fum of five hundred thoufand pounds advanced and lent into the .
receipt of bis Majeftfs exchequer^ hy the governor and company of
she bank ^England, upon the credit of the faid rates and duties^ at
^m inter eft after the rate of three pounds per centum per annum^
made forth inpurfuanceoftbefiiid ait of the twelfth year of his faid
late majejifs reign,, which then remained unfatisfied and utmf charged^
together with the interefi thereupon^ and the charges of circulating
the fame, Jhould be transferred from the faid rates and duties then
charged with the fame, and be charged (together with tbefitm of five
hundred and eighteen thoufand fix hsndred pounds, directed to be raif-
€d fy the before recited ait of theftxteenth year of his prefent Majef'-
tfs reign, towards the fupply for the faid year one thoufand feven
hundred and forty three) upon the duties granted and made payable to
his Maiefty, by virtue of another aH of parliament pajfed in the faid ,^ Gea ».
fixteenth year of his Majefiy's reign, intituled. An ad for repeal- c S.
ing certain duties upon fpirituous liquors, and on licences for
retailing the fame ; and for laying other duties on fpirituous li-
-quors, and on licences to retail the faid liquors ; as in and by the
faid aH^ relation being thereunto had, may more fully appear : and
whereas, in purfuance of the faid firfi herein recited aif of the faid
fixteenth year of his majejlfs reipi, the faid fum of four hundred
eighty one thoufand four hundred pounds in exchequer bills ; as alfo
the faid further fum of five hundred and eighteen thoufand fix hundred
pounds, amounting together to the principal fum of one million, were
charged upon the faid duties arifing by licences, as aforefaid, at an
interefi after the rate of three pounds per centum per annum ;
which faid exchequer bias, by paying off part of the faid principal fiim,
do now amount to no more than the principal Jum of nine hundred and
eighty fix thoufand eight hundred pounds : ana whereas the faid gover-^
nor and company of the bank of England are willing and contented^
that the faid fum of nine hundred emd eighty fix thoufand eight hun^
dred pounds in exchequer bills, remaining ur^tisfied on the faid duties
payable for licences to fell fpirituous liquors by retail, may be cancelled

and

400 Anno dedmo none Georgii II. c. 6; [174C

and difchargid^ and in lieu thereof U accept of an annuity 0/ thirty
nine tboufandfour hundred andfeventy two pounds^ being the intere/t
on tbefatdfum at the rate of four pounds per centum per annum,
to be charged upon the fame fecurities ; and the laid governor and cm-
pany are alfo willing to advance and pay into t be receipt of bis Al^ef-
tfs exchequer y towards the fuppfy granted to bis Majefiyfor thefer-
vice of the year one thoufandfeven hundred and forty fix ^ thejumff
one million^ upon the credit of the rateSy duties and ajjeffments arifini
by the malt and land tax granted for the fervice of the year one tm-
fand feven hundred and forty ftx^ at four pounds per centum per
annum, for exchequer bills to be iffuid for that purpofe ; provtiei
that they may have a power to create and difpofe ofthefaidfum of me
hundred and eighty fix thoufand eight hundred pounds ofbankftocl [U
he joined and incorporated with their prefent capital) infuch manner^
and at fucb times^ as they Jball think proper^ with fuch further pouh
irsy privileges and advantages j as have been ujually granted by for*
tner a£ls of parliament on the like occafions : Now we, your Ma-
jefty's moft dutiful and loyal fubje<^s, the commons of Great
Britain in parliament aflcmbled, thinking it will be of advantage
to the publick, to accept the propofal ot the (aid governor and
company of the bank of England, and in lieu of the faid fum of
nine hundred and eighty fix thoufand eight hundred pounds in
exchequer bills, tP be cancelled as aforefaid, to give and grant
unto the (aid governor and company a certain annuity or yearly
fum herein aner mentioned, do moll humbly befeech your Ma-
jefty that it may be enaded, and be it enaAed by the King's
moft excellent Majefty, by and with the advice and confent of
the lords fpiritual and temporal, and commons, in this prefent
The bank to parliament aflfembled, and by the authority of the fame. That
deliver up to the faid governor and company of the bank of England^ or their
the treafury, fuccedbrs, (hall, and they are hereby required, on or before the

quer bUU for *^^"^y ^^^ ^7 ®^ ^''''^*' ^*^'* ^^^ ^ *" *^ ^^^ ^^ ^

986,8001. I^i^ oi^c thoufand feven hundred and forty fix, to deliver up

cbamdon unto fuch perfon or perfons as the commilfioners of the trea-

the duticf tri- fury, or any three or more of them now being, or the high

oel? to thd?' ^^^^^"^^ or ^^y ^^^^ °^ ^^^ of the commiflTioners of the trea-

being cancel- '^^ ^^^ ^^^^ time being (hall nominate, all the faid exchequer

led. bills charged upon the faid duties arifing by licences, as afore-

faid, amounting in the whole to the fum of nine hundred and

eighty fix thoufand eight hundred pounds, to be difcharged,

cancelled, and made void, in fuch manner as the faid commif-

fioners of the treafury, or the faid high treafurer^ for the time

being, (hall appoint, without i(ruing again the fame, or any of

them.

Tlie interel^ ^' And be it further cnafted by the authority aforefaid. That

dueonbilU,to all the intered or premium which (hall be due upon the faid

be paid off. exchequer bills, to be delivered up to be cancelled, and made

void as aforefaid, together with the charges of circulating the

fame, (hall be fully clearea aad paid off; any thin^ in this or

any former act to the contita'y thereof in any wife notwith-

ftan(Jing.

ni. And

174^0 AiiM) decitno nono Georgii II. c. 6. 401 *

III. And be it further enadled by the authority aforefaid. That In Ucu of the
for and in lieu of the faid principal fum of nine hundred and 9^^»'**® *• "*^
eighty fix thoufand eight hundred pounds in exchequer bills, bfjls,^^
herein before directed to be delivered up to be cancelled and bank from
Dnade void; the faid governor and company of- the bank of Eng^ March 25,
^ndj and their fucceflbrs, (hall, from and after the faid twenty ^'^^^^^^
fifth day of Marcb^ one thoufand feven hundred and forty fix, ^jjy^

be intitled to have, receive, and enjoy, at the faid receipt of his 39,471 1.
Majefty's exchequer, one annuity or yearly fum of thirty nine
thoufand four hundred and feventy two pounds, being after the
rate of four pounds per centum per annumy for and upon the faid

Principal fum of nine hundred and eight}r fix thoufand eight
undred pounds, to be paid and payable in the manner and
form herein after mentioned, until redemption thereof by par* ^ntD redemp-
liament, according to the provifoes herein after contained for*'**"**yP*^^**
that purpofe.

IV. And it is hereby further enaAed by the authority afore-
faid. That the faid yearly fund, or fum ot thirty nine thoufand
four hundred and feventy two pounds, is, and (hall by virtue of

this ad, be charged and chargeable upon, and (hall be paid The afinmty
and payable from time to time, in the firft place, and with pre- *^ ^ P*J<^
ference to all other payments whatfoever, out of the monies ^^cc **
which (hall arife into the faid receipt of exchequer, of or for the *
duties payable to his Majefty, for licences to fell fpirituous li-
quors, and (Irong waters by retail, in purfuance or the before
recited aft of the fixteenth year of his Majcfty's reign ; any
thing in this or any former ad to the contrary thereof notwith-
ftanding.

V. And be it further enaded by the authority aforefaid. That
the faid governor and company of the bank of England^ and
their fucce(rors, (hall have, receive, and enjoy at the receipt of
his Majefty's exchequer, as aforefaid, by and out of the faid
yearly fund, e(labl!(hed as aforefaid, one annuity or yearly fum
of thirty nine thoufand four hundred and feventy two pounds,
of lawful money of Great Britain^ to commence from the faid
twenty fifth day of Marcb^ which (hall be in the year pf our
Lord one thoufand feven hundred and forty fix, and to be paid

and payable to them and their fucce(rors for ever, at the four at four qoar*
moft ulual feafts or days of payment in the year ; that is to fay, ^^'''y P*y-
The feafts of the nativity of Saint John the baptift, Saint Mi- ™*°^*
cbael the archangel, the birth of our Lord Chrift, and the an-
nunciation of the bleflcd Virgin Mary^ by even and equal por-
tions, the firft quarterly payment thereof to be made at the feaft
of the nativity of Saint John the baptift, which (hall be in the
faid year of bur Lord one thoufand feven hundred and forty fix,
fubjeft neverthelefs to the provifoes of redemption herein after
contained for that purpofe } and that the faid annuity or yearly
fum of thirty nine thoufand four hundred and feventy two ^^
pounds, and every part thereof, (hall be free from all manner f^ "^"
^f taxes, impofitions, or charges whatfoever. ***^

VL And for the better and more regular payment of the faid
Vot. XVIII, Dd annuity

^02 Anno decimo nono Georgii II. c. 6. [i746«

annuity of thirty nine thoufand four hundred and feventy two
pounds to the faid governor and company of the bank m Eng*
land, and their fucceflbrs for ever, fubjedt to the redemption
Orders to be afore faid, an order or orders (hall be (igned by the commiffio-
figriietl by the ners of the treafury now, or for the time being, or any three
ticaiury for or more of them, or the lord high treafurer for the time being,
ofl^MJBuity. ^^^ ^^^ payment thereof, and after figning thereof, the fame (hall
be good, valid, and e(re<5tual in the law, according to the pur«
port and true meaning thereof, and of this a6t, and (hall not
be determinable by or upon the death or removal of any of the
faid commiffioners of the treafury, or the lord high treafurer, or
by or upon the determination of the power, office or offices of
them, or any of them, nor (hall any commifTioners of the trea-
fury, or lord high treafurer now or for the time being, have
power to revoke, countermand, or make void fuch order or or-
ders fo (igned as aforefaid.

VII. And for the more fpeedy payment of the faid annuity,
or yearly fum of thirty nine thoufand four hundred and fcventy
The money to two pounds, to the faid governor and company as aforefaid i it
be paid week- is hereby declared and enaded. That weekly or otherwife, as
*y» **^* ^^^ the money of the faid duties (hall from time to time be brought
*^ ^' into the (aid receipt of exchequer, the fame (hall and may be

iiTued upon the faid order or orders, for or towards difcharging
the faid annuity, to grow due for and at the end of the quaner
in which fuch payment (hall be made, fo as fuch weekly, or
other payments, ao not exceed the fum of the quarterly pay-
ment, which (hould grow due for or at the end of. every fuch
quarter rerpe(Stively.
The annuity VIII. And it is hereby enafted, That the faid annuity of
to be perfonal thirty nine thoufand four hundred and feventy two pounds, and
cftatc. every part thereof, (hall be adjudged to be a perfonal, and not

a real eflate, and (hall not be liable to any foreign attachment ^
any law or cuftom to the contrary notwithftanding.
If the monies IX. And it is hereby enafted by the authority aforefaid. That
arinngby the if at anytime or times, after the faid twenty fifth day of March,
Infuffidentfbr ^"^ thoufand feven hundred and forty fix, the produce of the
the quarterly'' ^^^^ duties arifing by licences as aforefaid, (hall be fo low or dc-
payments} ficient, as that the monies arifen therefrom into the exchequer,
at the end of any of the faid quarterly feafts, (hall not be fuf-
to1)« ad"^ ficient to pay and difcharge the quarter's annuity, then due and
good out of payable according to the tenor and true meaning of this ad;
the overplus then, and fo often, and in every fuch cafe, the deficiency dP
of any fubfc- any fuch quarter (hall and may be fupplicd out of the overplus
quentquartcr, monies of the faid duties arifing in any fubfequent quarter; and
in cafe, at any time or times after the faid twenty fifth day of
March, one thoufand feven hundred and forty fix, fuch produce
fhall be fo low or deficient, at the end of any one year (com-
and all arrears puting the fame to end at Lady-day yearly) as that the fame (hall
at the end of not be fuflicient to pay and difcharge the whole yearns annuity
*f%^^firft"^ ^^^^ grown due, then every fuch yearly deficiency (hall, firom
fuppiies, ^^^ ^^ ^^^^9 ^ anfwered and made good by and out of the

firft

174^.] Anho dcdmo nono Georgii II. c. 6. 403

firft fupplies, which (hall be granted in parliament next after
fuch deficiency (hall appear; and in cafe no fuch fupplies (hall
be granted within fix months next after fuch deficiency (hall
happen, then the fame (hall be made good out of any the mo-
nies which at any time or times (hall be or remain in the receipt
of the exchequer, of the furpluflcs, excefTes, or overplus mo-
nies, commonly called The Sinking Fund (except fuch monies of ^'' (inking
the faid Sinking Fund^ as are appropriated to any particular ufe ^^^*
or ufes by ^ny former ad or a6ts of parliament in that behalf)
and fuch monies of the faid Sinking Fund (hall and may be from
time to time {(Tued and applied accordingly.

X. Provided always, and be it ena6led by the authority afore- Provifo,
laid. That whatever money (hall be i(rued out of the faid Sink-

ing Fund^ (hall from time to time be replaced by and out qf the
firft fupplies to be then after granted in parliament.

XI. Provided always, and be it ena<5led by the authority afore- Upon repay-
faid. That upon repayment by parliament to the faid governor m?nt of the
and company of the bank of England^ and their fucce(rors, of P,Y""P^„^^
the faid principal fum of nine hundred and eighty fix thoufarid intcrcft, the
eight hundred pounds, without any dedu6lion, difcount, or annuity to
abatement whatfoever to be made out of the fame, or any part^*^®*
thereof, and of all arrears of the faid annuity, or yearly fum of

thirty nine thoufand four hundred and feventy two pounds,
then, and not till then, the faid annuity, or yearly fum, (hall
from thenceforth ceafe, and be underftood to be redeemed j and
from and after fuch redemption, the monies arifing by the faid
duties for licences by this ad, diredled to be fet apart for the
payment of the faid annuity, or yearly fum of thirty nine thou-
fand four hundred and feventy two pounds, (hall not be ifiued
or applied to any ufe or purpofc, but as (hall be diredted by
future ad or ads of parliament ; any thing in this, or in any
former ad or ads of parliament to the contrary notwithftand-
ing.

XII. And in regard it is intended that the faid annuity or yearly
fum of thirty nine thoufand four hundred and feventy two pounds^
may be redeemed by fuch payments .as are herein after mentioned^ and
that as the faid principal money fball be paid off^ the faid annuity
/hall proportionally fink and be abated \ be it therefore provided

and enaded by the authority aforefaid. That if at any time br ^P^" W-
times after the faid twenty fifth day of March^ one thoufand JU^s^n^t^ef,
fcven hundred and forty fix, payment be made to the faid go- than one
vcmor and company of the bank o( England of any fum or moiety oFtha
fums of money, not lefs than one moiety of the faid fum of Principal, &c.
nine hundred and eighty fix thoufand eight hundred pounds at (5*^^*1),""'^^^
one time ; and alfo, if payment be then likewife made of all jlortionf^^'
arrears of the faid annuity, then from and after fuch payment
fo made, fo much of the (kid annuity, as ihall bear proportion
to the monies fo paid in part of the faid whole principal fum,
(hall ceafe, determine, and be underftood to be redeemed ; any
thing in this ad, or any former ad or ads -of parliament to the
contrary notwithftanding.

Dda yilLAni

404 AnnodedtnononoGEORGii II. C.6. [i746<

XIII. And whereas it is necijfary that the faid governor andeem'
pafif Jbould be enabled to ferve the publick in fiuh way and manner
as Jhall be moft fafe and convenient for them ; be i t therefore enaded
The btak by the authority aforelaid. That it (hall and may be lawful to
may further and for the faici governor and company of the bank of Engknij
wpitffto a*' and their fucccflbrs, in cafe they ftiall think fit, and not other-
fum equal to ^i^^f ^^ admit and take in by fale, call, or fubfcription (or bv
t)ie loan. fuch other wavs or means as they fliall judge proper) from fucn

!>erfon or per(ons, and upon fuch terms and conditions^ and at
iich times as they (hall think proper, for enlarging their pre-
fent capital to any fum» not exceeding the further (urn of nine
hundred and eighty (ix thoufand eight hundred pounds additio*
nal flock (over and above what they are impowered to create
by any former a6t or a<5ts of parliament in that behalf) and
from time to time, in a general court, to declare, order, and
make the fame or any part thereof (and from fuch time or tiroes
as fuch general court (hall order and direA) to be added to the
prefent capital (lock of the faid governor and companv; and
that then, and from thenceforth, fuch monies (hall be CietmcA
and taken, to all intents and purpofes, as and for part of the
capital (lock of the faid governor and comoany; and the capital
dock of the faid governor and company (nail be proportionably
enlarged thereby ; and that all and every the perfon and per-
Subfcrtbers, fons, natives or foreigners, who (hall fubfcribe, anfWer, or pay
*c. to the in any fum or fums of money, or for whom any fum or fums
dmned u <>f o^oney (hall have been fubfcribed, anfwered, or paid in, as
snembert, &c. aforefaid, towards the making up the faid further fum of nine
of the com- hundred and eighty fix thouUnd eight hundred pounds (lock,
?*»/• or fuch part thereor for which the faid governor and company

(ball take in fubfcriptions, or make fuch fale, call, or other de-
mand, as aforefaid, and who (hall have paid to the faid gover-
nor and company the fum fo fubfcribed, or otherwife demanded
as aforefaid ; and the executors, adminifirators, and afligns of
fuch perfon and perfons refpeclively, (hall be, and be deemed,
and reputed to be members of, and united to, and incorpo-
rated with the faid governor and company of the bank of Eni*
tand^ and (hall at all times, together with the other members
of the faid corporation and body politick, and their fucceflbn
refpeAively, be, and be adjudged, condrued, reputed, accepted,
and taken to be one body politick and corporate, by the name
of The governor and company of the bank ^England, fubjecl to the
fame rules, orders, and regulations, and intitled to the fiime
privileges, advantages, and immunities, with the prefent mem«
Ders of the faid corporation ; and that all executors, admini-
firators, guardians, and trudees, (hall be indemnified in making
any fuch payments upon fuch calls, fales, fubfcriptions, or
otherwife, as aforefaid ; any law', (latute, or provifion to the
contrary thereof in any wife notwithdanding.
The increafcd XIV. And it is hereby enacSed by the authority aforefaid,
^»P"^ ^bc That the capital dock of the faid governor and company of the
traaftfrablc, y^^j^^ ^^ England, fo increafcd as aforefaid, IhaU be affignable

and

174^.] Anno decimo nono GsoROii II. c.6. 405

and transfemble in the fame manner as the original capital ftock
of the faid governor and company was affignable and transfer-
rable before the making of this adt ; and, together with the free front
produce thereof, ihall be free from all taxes, charges, and im- ^^ ^^
pofitions whatfoever ; and the transfers and affignments of ftock, ^Jfi^ ^
or additional ftock in the books of the faid company, fliall not
hereafter be or be mkde liable to any higher or ereater ftamp «

or other duties, than are now payable for the transfers or affign-
ments of their prefent ftock, or any part thereof; any thing in
this z& contained, or in any other ad or adts of parliament, to
the contrary in any wife notwithftanding.

XV. And be it further enaded by the authority aforefaid. The bank to
That the faid governor and company of the bank of England^ continoe a
and their fucceflbrs, fliall continue and be a corporation, and ^rpontion»
Ihall enjoy all the capacities, powers, privileges, immunities, i^^^ ^
and advantages to them as a corporation belonging, until the deemed,
complete redemption of the faid annuity or yearly fum of thirty

nine thoufand four hundred and feventy two pounds, according
to the before mentioned provifoes in that behalf, in as full and
ample manner, to all intents and purpofes whatfoever, as the
fame are contained, fpecified, and exprefled in an adt of par- i^ Geo. u
liament pafled in the fifteenth year of his prefent Majefty'sc. 13.
reign, (intituled. An aft for eftabltjbing an agreement with tbi go*
vemor and comtany of the hanlt of Englznd^ jor advancing the fum
of one million fix hundred thoufand pounds^ towards the fupply for
the fervice of the year one thoujand /even hundred and forty two) or
in any other a6l or zSts of pariiament now in force relating to
the faid corporation ; any former or other ftatute to the con*
trary notwithftandine.

XVI. And be it further enacted by the authority aforefaid. The bank to
That the faid governor and company of the bank of England^ l^d a fum^
and their fucceflbrs fliall, and they are by this adl enjovned and "^JJ^J**^
required to advance and pay into the receipt of his Majefty's the land tax
exchequer, towards the fupply for the fervice of the faid year and maita^
one thoufand feven hundred and forty fix, any fum or fums of

money, not exceeding in the whole the fum of one million, upon
the credit of the feveral and refpe6tive rates, duties, and aiieflt
ments, granted to his Majefty by two feveral a<fb of parliament
made and pafled in this prefent ieffion of parliament, intituled,
^n aH for granting an aid to his Majefty by a land taXy to be raifed i^Qto.%. c. ft
in Great Britain, for the fervice of the year one thoufand feven
hundred and forty fix ; and alfo. An a£t Jor continuing the duties s^G^. «, c.4«
upon malty mum^ cyder^ and perry^ in that part of Great Britain
galled England ; and for granting to his Majefty certain duties upon
malty mumy cyder^ and perry y in that part of Grezt Britain called
Scotland, for the fervice of the year one thoufand feven hundred and
forty fix ; which faid fum of one millipn, fo to be advanced by to be paid u
the £iid governor and company of the hank of Englandy ihall be the treasury
paid into the faid receipt of exchequer, at fuch times, and in^^**"*^
fuch proportions, as the commiffioners of the treafury, or the '|^^\hui
high treafitfer for tb^ time being, fliaU think fit to <ure6t and «5o,oool. at

Ddj ttppointonetimebi

4o6

demanded, "
nor without
14 days no-
tice.

The trcafury
to ihake out
exchequer

fubiea to the
rules pre-
fcribed in the
f ecited 9^1.

The bank
may. be fued
for nonpay-

(ind 10 1* peii
fent, dama*
get, recover-

Anno declmo nono Georgii II. c.69 [1746.

appoint in that bphalf, fo as the faid governor and company be
not obliged to pay more than two hundred and fifty thouland
pounds at any one time or times, nor without having fourteen
days notice before each refpcdlivc time of payment.

XVII. And be it further enafted by the authority aforefaid,
That upon payment of the faid fum of one million, or any part
thereof, into the faid receipt of exchequer, by the faid governor
and company of tlie bank of Enghnd^ or their fucccflbrs, it fhall
and may b.': lawful to and for the faid commiflioners of thetrea-
fury, or any three or more of them now being, or the faid
high treafurer, or any three or more of thecommifllonersof the
treafury for the time being, and they are hereby authorized and
required forthwith to cauie exchequer bills to be made forth at
the faid receipt, in fuch manner, as they or he (hall think mod
hit and convenient, for the faid fum ot one million, to be ad-
vanced or lent as aforefaid, or any part thereof, to be charged
upon, and payable out of the faid feveral and refpe<Stive rates,
duties, and atleflhients, granted by the faid two a<5ts of parlia-
naent herein before recited, together with an intereft, after the
rate of four pounds per centum per annum, until repayment of
the faid principal fum of one million, in fuch courfe, manner,
and form, as are mentioned in the faid ads; and the faid ex-
chequer bills to be made forth as aforefaid, (hall be fubjed to
all fuch orders, rules, methods, dire6Uons, powers, penalties,
and forfeitures, as are prefcribed, ena<5led, and declared in the
faid two lad recited a6ts, or either of them, in relation to ex-
chequer bills thereby authorized to be made forth ; any thing
herein contained to the contrary thereof notwithftanding.

XVIII. And be it further enadted by the authority aforefaid,
That in cafe the faid governor and company of the bank of
Ehglandy^ 2nd their fucceflbrs, (hall make failure in any of the
faid payments, fo by this aA appointed to be made mto his
Majedy's exchequer as aforefaid, at or before the refpedive
days or times to be limited in that behalf, the money whereof
fuch failure in payment (hall be made, (hall and may be recot
vered to his Majefty's ufe by adtion of debt, or upon the cafe,
bill, fuit, or information, in any of his Maje(ly*$ courts of re-
jcord at tVeJlminftcry wherein no c(Ibin, proteAion, privilege, or
wager of law (hall be allowed, or more than one imparlance, in
yi\\\c\\ adtion, bill, fuit, or information, it (hall be lawful to
declare, that the faid governor and company of the bank of
if/r^/W are indebted to his Majeftythe monies of which they
(hall have made default in payment, according to the form of
^he ftatute, and have not paid the fame, which (hall be fuflBd-
ent \ and in or upon fuch a<5lion, bill, fuit, or information, then
|(hall be further recovered to his Majefty's ufe againft the faid
governor and company of the bank of England^ and their (iic-
fceflbrs, damages after the rate of ten pounds per centum^ for the
monijcs fo unpaid contrary to this a£t, befides full cofts of fuit;
and the faid governor and company of the bank of Engkndy and

their

174^-] Anno decimo nono GeoRGII II. c. jl 407

their fucceflbrs, and their faid (lock and funds, (hall be, and are
hereby made fobjeA and liable thereunto.

CAP. VII.
An all for adjourning the court of feffion in Scotland 5 an4
for umedying the inconveniencies arifingfrom the furceafe
of juftice in that fart of the kingdom.

WHERE AS d mojl audacious and execrable rebellion has broke
out in Scotland, and a number of rebellious traitors did^ on
er about tkejixteenth of September, one thoufandfeven hundred and
forty frue^ obtain peffejjion of the city ^/Edinburgh, where his Ma-'
j^Jiy*^M^^^ ^^ ^^P^'i ^^d which is the ordinary place of the meeting
of the court of fejjion of Scotland for the adminijlration ofjujlice:
and whereas the faid rebellion does Jlill continue, whereby thefenators
cr judges of the faid court of fejfton, and the other members thereof
have been prevented from meeting and fitting, and his Majejifs loyal
fuhjeiis have been prevented from commencing and profecuting their
anions and fuits in the faid court offejfton, and in the other courts
of law, and cannot conveniently attend the faid court while the faid
rebellion continues : May it theiefore pleafe your Majefty that it
may be enaded ; and be it ena<5ted by the King's moft excellent
Majefty, by and with the advice and confent of the lords fpiri-
tuai and temporal, and commons, in this prefent parliament
allembled, and by the authority of the fame. That the meeting The/Ittlngof
and fitting of the faid court 01 feffion in Scotland, for the admi- the court of
niftration of juftice, be, and the fame is hereby adjourned, from f^Qion »<?-
the firft day of November, one thoufand feven hundred and forty g"™ , J^^
five, unto the firft day of June next. luito x'junc/

II. And be it further cnadted by the authority aforcfaid, -,, .
That the time and fpace betwixt the faid fixtcenth day of Sep- dJatVtim™*"
t ember, one thoufand feven hundred and forty five, and the between 16
faid firft day of June, one thoufand feven hundred and forty Sept. 1745,
fix, ftiall not bft reckoned in any flxort prefcription, but (hall ^^^J J""^»
be deduced from the fame. dcdudd.

III. And be it further enafted by the authority aforefaid.
That in all adjudications, confirmations of teftaments, regiftra-
tions, redemptions, and others^ which by law, or by the a-
greement of parties, might and ought to have been dedi|ced,
expede, or performed within a limited time, that the aforefaid
time and fpace between the (aid fixteenth day of September, one
thoufand feven hundred and forty five, and the fsud firft day of
June, one thoufand feven hundred and forty fix, (hall not be
reckoned or counted ; and that all. actions and caufes com- Ctufes de-
tnenced, intented, or depending before the faid court of fefTion, pending upon
upon the firft day of November, one thoufand feven hundred ' ^^v- »7t5»
and forty five, ftiall be continued, and be in the fame ftatc and ed^ thrS
condition upon the faid firft day of June, one thoufand feven hun- ftatc upon
dfbd and forty fix, in which tney refpe^iveiy were upon the faid i June, 1746,
firft day of November, one thoufand feven hundred and forty five, '" ^^^ich they
or at any time from the faid firft day of November ^ one thoufand ]^^ "P*"*

Dd4 fcvctt *"'*''•

4o8 Anno dedmo nono GcoRGll II. c* S9 gi Z^74^.

feven hundred and forty five, to the firft day of Marchy one thou-
fand feven hundred and forty fix \ any law, ftatute, cuftom, prac-
tife, or ufage to the contrary in any wife notwithftanding.

CAP. VIII.

An aS for repealing fo much of an a8 pajfedin the eleventh
year of the reign of his late majejiy King George the Firfiy
intituledy An a6t for regulating elections within the dty
of London % and for preferving the peace, good order,
^nd government of the faid city ; as relates to the mak-
ing or paffing of alls^ orders^ or ordinances in common

€• «!• "TTTHEREAS by a ckufe in an aH pajfedin the eleventh year

y V of the reisn of his late majejiy King George the Firjf^ in-
tituledy An z&. for regulating ele&ions within the city of Un-
done and for preferving the peace, good order, and govern*
ment of the £)id city ; it is enaSfed^ TI)at no aSf^ order ^ or ordi-
nance whatfoever.j at any timef from and after the firjl day ^ June,
one thoufcmd feven hundred ana twenty five^ Jhall be made or pa fed
in the common council of the faid city^ without the ajfent of the mayor
and aldermen prefent at fuch common council^ or the major part of
themy nor without the ajfent of the commons prefent at fuch common
council^ or the major part of them : and whereas the faid rtcited claufe
has by n(i means anjwered the good ends and purpofes thereby intend-
ed \ be it therefor^ enacted by the King's nioft excellent majefty,
by and with the advice ana confent qf the lords fpiritual and
temporal, and commons, in this prefent parliament afiembled.
The clanb , and by the authority of the fame. That the faid recited claufe
repealed.' (hall be, and is hereby repealed, from and after the twenty
fifth day of March^ which (hall be in the y^ar of oqr Lord onf
thoufand feven hundred and forty fix.

CAP. IX.

JIn all for the more eafy and fpeedy trial of fu,ch perfons as
have levied i or fhall levy war againjl his Majejiy \ and for
the better afcertaining the qualifications of jurors in trials
for high treafon^ or mifprtfon of treafon^ in that part of
Great Britain called Scotland.

WHEREAS a horrid and unnatural rebellion and war ba^
been openly and traiteroujly raifcd and levied againjl his Afa-
jejly^t within this realm j and is fill continued^ with defign to depofe and
murtber his moft facred Majejiy^ and tofet a popifl) pretender^ bred
up and inftru^ed in Kom'im fiperjlition^ and arbitrary principles^
on the throne ofthefe realms ; and whereas great numbers of fuch as
have joined in the laid rebellion^ have been^ by his Maj^/J/s vigilance
and care, lately feissed^ andy forfafer cuJlody\ necejfarily diftributed
into feveral prifons^ in different counties or /hires of this realm: and
Vfhereas others of the fata rebels have been^ and may be^ in order to

lay

1 746*1 Anno decimo nono Georoii n. c« 10,11; 409

lay open and iifcover the foundations and eaufes of the /aid rebellion
andtreafinSy brought up to honAony and parts adjacent ^ in order t0
be examined: and forafmueh as bills of indictment ^ as the law now
ftandSy are to he found in the counties orjbires where thefaid treafons
are committed ; but as it will be very inconvenient to the publick ju^
fiice of the nation^ that the judges Jhould remain fo long in thefaid
eounties orjbires^ as will be neceffaryfor the trying of the (aid off end--
ersy fo it will be very burdenfome and grievous to thf freeholders of
the fame counties orfbires to attend fo many trials as may be neceffary
to be had for thefafety of the publick : to the end therefore that the
faid offenders may not conceive any hope of impunity, from the
diftance of the feveral counties or (hires where the faid treafons
are committed, and that juftice may more fpeedily and fe-
curely be adminiftered againft the faid offenders, and proper
examples made in fuch feafonable time, as may be a means to
fupprefs the remains of the faid rebellion, and preferve the peace
and tranquillity of thefe kingdoms ; be it enadted, &c.

The faid offenders now in cuftody may be proceeded againft, and tried in
fuch county, Sec. at bis Majefty (hall appoint. No challenRe for the
county to be allovred. Peers to be tried by their peers. The place of
trial not to be ^dter'd, unlefs the perfon be proved to have been in arms.
&c. EXP.

IV, And whereas difficulties may occur in trials for high treafon^Qa^r&ai^
emdmfprifon ojftreafonj in that part ofGxtaX Britain called Scot- furors in
land, with rejpe^ to the qualifications of jurors to be fummoned and^^^^'^^
returned on fuch trials ; for remedy thereof, be it enaded by the
authority aforefaid. That in all times hereafter, every perfon
may be fummoned and returned to be a juryman in trials for
hi^h treafon, or mifprifon of trcafon, in that part of Great Bri^
tain called Scotland^ who ihall, at the time of luch trial, be pof-
feiled in his own right, or in the right of his wife, of lands or
tenements, as proprietor or life-renter within the (hire, ftewar-
try, or place where any fuch trials (hall be, or from whence
the jury is to come, ot the yearly value of forty (hillings fter-
ling, at leaft, or valued at thirty (hillings fterlin^ per annum in
the tax roll of the fame (hire or ftewartry ; and (or want there-
of, or for any other lawful caufc, (hall be fubjedt to be chal-r
}enged and fet afide.

CAP. X.

An ad for enlarging the term and powers granted by an z& pafTed in the
twelfth year ot the reign of his late majefty King George the Firft, /ft
repmring the road from Market-Harborough /• Loughborough m the
county £f Leicefter t and for making the faid a^ more effeftoal.
Tbi aSi% Geo. i. c. 5. cmitimiedfir %i yewrs.

CAP. XI.

An aft for ponifliing mutiny and defertion 1 and for the better payment
of the army and their quarters. Exp,

CAP.

4to Anno declmo nono Georgii !!• c. li; [i74(,

CAP. XII.
An aEt for granting to bis Majejiy feveral rates and duties
upon glafSj and upon fpirituous liquors ; and for raifif^ g
certain fum of money by annuities^ and a lottery, to be
charged on the faid rates and duties ; and for obviatiw^
fome doubts about making out orders at the exchequer J9r
the monies advanced upon the credit of the fait duties^
granted and continued to bis Majefy by an a£l of the lafi
feffion of parliament.
Mofl gracious Sovereign,
Wf^ yo"f Majelly's mod dutiful and loyal fubjedls, the
^ ^ commons of Great Britain in parliament aflcmblcd, be-
ing defirous to raifc the neceflary (upplies which we have grant-
ed to your Majefty in this feflion of parliament, in the moft
fife, eafy, and expeditious manner we are able, have unanimouf-
ly rcfolved to give and grant unto your Majefty the feveral and
refpedtive new and additional rates and duties herein after cx-
prefled, and to that end and purpofe do mofl humbly befeech
your Majefty, that it may be enafted ; and be it enadted by
the King's moft excellent majefty^ by and with the advice and
confent of the lords fpiritual and temporal, and commons, in
this prefent parliament aflembled, and by the authority of the
fame. That from and after the twenty fifth day of Atarch, one
thoufand feven hundred and forty fix, there fhall be raiU,
levied, colledled, and paid unto and for the ufe of bis Majefty,
his heirs and fucceftbrs, for and upon all crown, plate, fiinr,
ud other glafs, and all bottles and flafks, as ftiall at any timeor
times hereafter be imported or brought into the kingdom of
Great Britain (over and above all other cuftoms, fubfidies, and
duties, by any a6t or adts of parliament, or law whatfoever im«
pofed upon or payable for the fame) the feveral and refpedtive
additional rates or new duties herein after exprefled ; that is to

fay;

Duty upon ^^^ '^^ "P^"^ ^'' crown, plate, and flint glafs, which (hall be

crown,^ate» imported aAd brought into Great Britain as aforefaid, the fum of

and flint glais) eight pence for every pound weight, and after that rate for a

upon green greater or Icfler quantity; and for and upon all green glafs or

Saft-^and ^^^ ^^^^ which ftiall be imported and brought into Great Bri-

bottles, &c. ^^^^ a* aforefaid, the fum of two pence for every pound weight,

imported. * and after that rate for a greater or lefter quantity ; and for and

upon all bottles and flaflcs, containing the quantity of a quart

refpedtively, which ftiall be imported and brought into Gr«f

Britain as aforefaid, the fum of two ftiillings^^ dozen; and for

and upon all bottles and flaflcs, containing more or lefs than a

quart, which ftiall be imported and brought in as aforelaid, the

fum of two ftiillings for every dozen quarts, be the quantity of

bottlesi contaiiiipg the bme^ greater or kflcr«

Tho

[74^0 Anno decirho liono GsoRGll II. C. i2. 41 1

The faid feveral and refpeftive rates and duties, for and upon
lH fuch glafs or bottles, or flafks, to be imported or brought
n as aforefaid) to be paid by the importer or importers thereof
•cfpcdively.

IL And be it further enabled by the Authority aforefaid, Additional-
That from and after the faid twenty fifth day of Marchy one duty on ma«
thoufand feven hundred and forty fix, there (hall be raifed, levi- ^^rialt,
zAy collected, and paid, unto and for the ufe of his Majefty, his
heirs and fucxreflbrs, for and upon all the materials or metal, or
other preparations whatfoever, by what name foever they now
are, or hereafter may be called or known, which (hall hereafter
be ma4e ufe of in the making'of all crown, plate, and flint glafs,
and all white glafs, by what name foever it now is, or hereafter
may be called, or kiiown ; and of common bottles, and all other

treen glafs in Great Britain (over and above all other rates and
uties by any a A oradts of parliament, or law whatfoever, impof-
ed upon or payable for the fame) the feveral and refpedtive ad-
ditional rates or new duties herein after exprefied ; that is to fay»

For and upon all the materials or metal, or other preparations 0^^^^ ^ ^^^
whatfoever, by what nimc foever they now are, or hereafter may terials, te. of
be called or known, that (hall hereafter be made ufe of in the crown, plate,
inaking of all crown, plate, and flint glafs, and all white g'^ifsj ^'?5» *"|^
by what name foever it now is, or hereafter may be called or '^^^^
known, the fum of mne fliillings and four pence (or every hun-
dred weight, and after that rate for a greater or leffer quantity.

And for and upon all the materials or metal, or other prepa- andonbottlcjb
rations whatfoever, by what name foever they now are, or here- and green .
s^er may be called or known, that (hall hereafter be made ufe gla(s.
pf in the mal^in^ of common bottles, and all other green glafs,
the fum of two (hillings and four pence for every hundred
weight, and after that rate for a greater or lefler quantity.

The &id refpeflivc duties for and upon all fuch materials or p^ty to be
Oietal, or other preparations whatfoever, fo to be made ufe of paid by the
in the making of fuch glafs rerpedtively, to be paid by the mak- maker.
ps or makers thereof refpeftively.

III. And be it enadted by tne authority aforefaid. That in Glafs import,
cafe any fuch crown, plate, flint, or other glafs, or fuch bottles ^'/J"/ **"**"
Qt flafl^s fp imported as aforefaid, fliall be landed, or put on ^try &c.
ihore put of any (hip pr ve(rel, before due entry be made there-
of at the cuftpm-houfe, in the port or place where the fame
0iall be imported, and the duties hereby impofed (hall be paid
or fecured, pr without a warrant for the landing or delivering
of the fame, firft figned by the commi(noners, colledors, or o-
rtier proper ofiicer or ofliccrs of the cuftoms refpe<5livcly, that
all ftich imported goods as (hall be fo landed, or put on (bore,
or taken out of any fliip or veflel, contrary to the true meaning fo^^ted.
hereof, or the value thereof, (hall be forfeited, and (hall or may
be feized or recovered of the importer or proprietor thereof lt§
fvit) one moiety of the fame to the ufe of his Majefty, his heirs

and

cert there i

412 Anno decimo nono Georgii IL c. 12. [174$.

and fucceflbrs, and the other moiety to the ufe of fuch perfisoor
perfons, as will feize, inform, or fue for the faid gooas fo im-
ported and forfeited, or the value thereof, in any of his Ma*
jcfty's courts of record at JVeJlminJleTi or in his Majefty's court
oi Exchequer in Scotland^ by adion of debt, bill, plaint, or infor-
mation, wherein no eflbin, protedtion, or wager of law, (hall be
allowed.
Dtitiethow IV. And be it further enaded by the authority afbrefiud,
recoverable. That the faid duties upon imported glafs, by this a£t granted,
(hall be raifed, levied, colledted, and paid in the (ame manner
and form, and by fuch ways, rules, and means, and under
fuch penalties and forfeitures, as the prefent duties upon im-
W & M P^^^^ manufa<5tures of glafs are in and by an ad pafled in the
ftat.'». c. 4I iccond year of the reign of their late majefties King fFilliam and
Queen Mary^ to be raifed, levied, colleded, and paid ; and that
fuch of the faid duties impofed by this adt upon imported glafs,
E^f "dto '^ ^^" ^"^^ *" England^ Waksy and the town of Berxvict upon
manage the "Tweedy (hall be under the management of the commiffioners
duties of glaft and officers of the cuftoms in England for the time being; and
imported fuch of the duties impofed by this ad upon imported glafi, as
«Sod'd"^ffi ^^^^ '"''^ ^^ Scotland^ (hall be under the management of the
cf^rmthlrL? * commiflioners and officers of the cuftoms in Scotland for the
time being; and all monies ari(ing by the faid duties (the ne--
ceiTary charges of raifing and accounting for the fame excepts!)
(hall from time to time be paid into the receipt of his Majefty*!
exchequer at Wejimmfter^ diftindUy and apart from all other
branches of the publick revenues, for the purpofes herein after
mentioned.

V. And for the better afcertaining, chamng, levying, or fe-

curin| the feveral duties by this ad impofed upon all the metal,

materials,. and other preparations whatfoever, by what name fo-

ever they now are, or hereafter may be called or known, which

(hall hereafter be made ufe of in the making of all crown, plate,

and flint glafs, and all white glafs, by what name foever it now

is, or hereafter may be called or known, and of all common

bottles, and all other green glafs, according to the true mean-

. ing of this ad ; and for preventing of all firauds concerning the

claft^adein ^^^^* ^« ^^ further enaded by the authority aforefaid. That

England, fncli of the faid duties by this ad granted, as are or (haU be

to be under chargeable upon fuch metals, materials, and other preparations

the oflkat fo ufed in the making of glafs as aforefaid, in England^ Wdlis^

wtfln Scot- ^^ ^^^ ^^^'^ °^ Berwick upon Tweedy (hall be under the manan-

land, under* vdtni of the commiffioners and officers of excife in England tor

the officers the time being; and fuch of the duties as are impofed by this

there. a^ upon fuch metals, materials, and other preparations fo ufed

in the making of glafs as aforefaid in Scotland^ (hall be under

the management of the commiffioners and officers of exci(e in

Scotland for the time being, who are hereby refpedively im-

powered to appoint proper officers for charging, Colleding, and

receiving the fame ; and all monies arifing by the (aid duties

(the nece(rary charges of rai(ing and accounting for the (ame ^-

ccptcd)

1 746«1 Anno decimo nono Georoii IL c. i 2. 411

cepted) (hall from time to time be paid into the receipt of his
Maje(ly*s exchequer at JVeftminfier^ diftindly and apart from all
other branches of the publick revenues, for the purpofes herein
after mentioned.

VI. And it is hereby enaAed by the authority aforefaid, Makers of
That every maker of ^afs (hall, on or before the faid twenty glaft to enter
fifth day of March^ one thoufand feven hundred and forty (ix, ^***^ 1? j?/**
make in entry in virritine at the office ofexcife, next to t'lCgj^gi^^^fficcs

!>lace where fuch glafs (hall be made, of the refpedive name of
iich maker, and of all his or her furnaces, pots, pot-chambers,
ware-houfes, rooms, and other places for making or keeping of
glafs, or of materials mixed and prepared for making of glafs,
and fliall not ufe any pot or pots for the preparing or making of
glafs, without firft giving notice thereof to the proper officer for
the (aid duties, fo that he may weigh, gauge^ and take an ac«
count of the fame ; and if any maker of glafs (hall make ufe of
any furnace, pot, pot-chamber, warehoufe, room, or other place
for making or keeping of glafs, or of materials mixed and pre-
pared for making of glafs, without making fuch entry thereof,
as aforefaid, or mall ufe any pot or pots for the preparing or
making of glafs, without firft giving notice thereot to the pro-
per officer for the faid duties, fo that he may weigh, gauge, and
take an account of the fame, as aforefaid, then, and in every
fuch cafe, the offender therein, for every fuch offence, (hall for- ^*3dn^ atw
feit and lofe the fum of fifty pounds, the one moiety to the ufe entry,
of his Majefty, his heirs and fucceflbrs, and the other moiety to
fuch perfon or perfons who (hall inform or fue for the fame.

VII. And it is hereby further enadlcd. That every maker of j^^^^ to be
glafs, before he, (he, or they do, or (hall begin to fill or charge given to the
any pot or pots for making of glafs, (hall by the fpace of twelve officer in
hours next before the beginning of every fuch filling or charg- ^"ting:
ing, give to the officer or officers of the divifion or place where

fuch glafs is intended to be made, notice in writing of the par-
ticular time and hour when, and at which fuch filling or charg-
injg is intended to be begun, with an account of the true weight
oAhe metal or preparation to be made ufe of, and the fpecies of
glafs fo to be made, on pain of forfeiting and lofing the fum of
fifty pounds, at every time or times when any fuch filling or
chamng (hall be begun, without firft giving fuch notice, as a- ^^i^^l^*
forelaid.

VIII. Provided always, That if fuch intended filling or charg- p ^^.
ing of fuch pot or pots, whereof fuch notice (hall have been '"^^^"^
given, (hall not be begun purfuant to fuch notice, then, and in
every fuch cafe and Cafes, fuch notice or notices refpedively,

(hall be null, void, and of no effect ; and every maker of glafs
whatfoever, who after the expiration of fuch times mentioned in
fuch notice, (hall begin to fill or charge fuch pot or pots, with- New notice
out having firft given a new or other like notice, as aforefaid, of ^ *^ given.
his, her, or their intention to fill or charge fuch pot or pots,
with an account of the true weight of the n^etal, or preparation
to be made ufe of, and the fpecies of glafs lb to be made, fliall

in

414 Anno decimo nono GfiORGii 11. C. 12: [174C

in every fuch cafe, incur, and be fubjed to the like pemlty anj

forfeiture, as if be, (he, or they had not thereof given any notice

at all.

^- IX. And be it further enadled by the authority afcMTcCud,

Synmnuice That all and every, the officers of the faid duties, (hall, at all

at all timet i times by day or by night, be permitted upon his, or their n-

queft, to enter into the work-houfe, ware-houfe, or other plaot

or places for making or preparing of glafs belonging ta or uHod

by any perfon, who on and after the faid twenty fil'th.day of

March f one thoufand feven hundred and forty fix, (hall be a

maker or makers of any glafs whatfoever, and to weigh, or 0-

therwife take an account of the juft quantity of the meul and

materials mixed and prepared for the making of glafs, before the

fame be put into fuch pot or pots, and to examine, gauge, or o-

therwife take an account of the juft quantity of the metal and

materials mixed and prepared for the making of glafs, after the

fame (hall have been put into fuch pot or pots, and (hall there-

and to make of refpeftivdy make return or report in writing, to the refpec-

return tothc tive commlflioners of excife in Great Britain^ or fuch as they

common- q^jjH refpcdively appoint to receive the fame, leaving a true copy

' * (if demanded) in writing, under his or their hand, with or tor

fuch maker or makers of glafs refpedively ; and fuch return or

report of the faid officer or officers, whether made from the

weight of the metal and materials fo mixed and prepared before

the fame (hall be put into the pot or pots, or from the accoom

fo taken in the pots, (hall be a charge upon fuch maker or makers

of glafs rcfpcilively ; and if the faid officer or officers (hall refiife

Penalty on ^^ negleft to give or Icai^e a true copy of his report in vmting,

office^ re* ^^^^ ^^ ^^^ ^^^^ maker or makers of glafs, at the time of taking

fiifiog to leave fuch account upon demand, as aforefaid, every fuch officer or

a copy of hit officers for every fuch offence (hall forfeit and pay the fum of

"^P^*^ forty (hillings to every fuch maker or makers of glafs rcfpcc-

tively.

Officers to bf X. Provided always. That every officer who (hall be im-

fwonu powered to make fuch charge as aforefaid, (hall in the firft place

be fvvorn for the due and faithful execution of his office, and

the oath in that behalf (hall and may be adminiftered by all or

any of the commiffioners of excife in Great Britain^ or by any

Makert of of his Majefty's juftices of the peace, who (hall give to fuch d^

glafs to keep ' ficer a certihcate thereof; aud all and every fuch maker and

weights and makers of glafs refpeftively, are hereby required to keep fuffi-

^ff'tt**h^"*ffi^ cient and juft fcales and weights, at the place or places where

amtt the om- |^^^ ^^^ ^^ ^i^^y ^^ make fuch glafs, and permit and affift the

Penalty. officer to make ufe thereof for the purpofes of this adt, under the

penalty of (ifty pounds, to be forfeited and loft for not keeping

fuch fcales and weights, or for not permitting and affifting the

officer to ufe the fame, as aforefaid.

XL And whereas pots ufedfor the Preparing and mixing of mnd\

Uiff* 5cc when ^^ ^'*^'* materials for making ofglajs^ afterjhefame are fo filled or

charged: (barged^ fome times happen to crack or break wbij/i the materials are in

fucb pot or pgts^ with an intention to be made into glafs^ whereby -the

whsli

1 746,] Anno dccimo nono Georgii IL c. i 2 • j^ig

whole or feme part of the /aid materials are UJly or become unfit for
the making offuch ghfe \ it is therefore hereby provided and en-
adted by the authority aforefaid. That in every fuch cafe, where
the whole or any part of fuch materials (hall be loft, or become ,
unfit for the purpofe aforefaid, by fuch cracking or breaking of gJ^^"J"
the pots, upon due proofs thereor made to tlieXatisfadlion of the make allow*
rcfpe<5tive commiflioners of excife in Great Britain^ where fuch ancc for the
glafs-houfes or work-houfes (hall be fituated, fuch allowance *o^»*
Ihall be made to the faid makers of glafs in rcfped of fuch lo(^ as
aforefaid, as by the faid commifiioners of excife refpedively (hall
be judged proper and reafonable.

XIJ. And it is hereby enabled. That if any maker of glafs, or penalty on
any other pcrfon or perfons, fliall obftru<ft or hinder any of the obftruaiiig
faid officers in the execution of any of the powers given to him oficcn.
or them by this ad, for afcertaining and fecuring the faid duties
upon glafs, the perfon or perfons fo offending therein (hall, for
every fuch offence, forfeit the fum of fifty pounds.

XIII. And it is hereby further enadled by the authority afore-
faid. That from and after the faid twenty fifth day of Marchy
one thoufand feven hundred and forty fix, during the continu-
ance of the faid duties on glafs, all and every perfon or perfons.
Vrhtttfoever. who (hall make or caufe to be made any glafs in Makers of
Londouy or in any parts within the limits of the weekly bills of g**^*"^^*^-
mortality, (hall monthly and every month, and all and every °°*
perfon or perfons who (nail make or caufe to be made any glais
in any other part oi Great Britain^ (hall once in every fix weeks
make a true entry in writing at the next office of excife for the
faid duties, of the true quantities of the metals and materials and in other
mixed and ufed in each refpedtive making of glafs within fuch parts of Qrcat
month or fix weeks refpedlively, on pain of forfeiting for every ^"^^jj*^^^
liegleS of entry twenty pounds ; which entries (hall be made entries,
upon oath by the makers of fuch glafs, or by the clerk, work- Penalty,
man, or fcrvant employed in making the fame, according to
the beft of their knowledge and belief, unlefs fuch maker, clerk,
workman or fervant be a known ^aker^ and the folemn affir-
mation of fuch maker, clerk, workman, or fervant, to the fame
«fFe<5t, in cafe he or (lie be a known ^aker^ (hall and may be
taken inflead of fuch oath, and the faid entries, oalhs, and affir-
mations to verify the fame, (hall for fuch entries, oaths, and
affirmations, as (hall be made within the limits of the weekly
bills of mortality, be made with and adminiftered by fuch offi- oathsbr
cer or officers as (hall be appointed bv the commiffioners of whom to bt
excife in England^ or the major part of tnem for the time being, adminiltercd*
who (hall attend at the general excife office in London for that
purpofe; and for all fuch entries, oaths, and. affirmations as
ihall be made in all other parts of Great Britain with or by the
refpedlive colledors or fupervifors of the diftri<ft or divifion
within which the refpedtive makers of glafs (hall inhabit, with-
out any fee or charge whatfoever to be demanded or taken for
tlie fame

6- XIV.' Pro^

cntriet*

Glaft maker
when to pay
the duties.

Exportatkm
ofglaft.

416 Anno dedmo nono GeoroIi II. c. ti. [1746,

XIV. Provided always^ That no maker of glafs IhaR be
obliged to go or fend further than (he market town where his

Makers of or li^ ^als is made, or the next market town to theplve

gUft* where^ where his or her glaft is made, for the making rf fucb entries
tomri.etheir^,f^^j

XV. And be it further enaAed by the authority aforeTaid^
That all and every perfon and peribns whatfoever, who (Mil
make or caufe to be made any glafs in Lcnd&n^ or within the
limits of the weekly bills of mortuity, (hall within four weeks,
and all and every perfon and perfons whatfoever^ who flnll
make or caufe to be made any glafs in any other part of Gmtf
Britain^ (hall within fix weeks after he, (he, or they (hall mdce,
or ought to have made fuch entry as aforefaid, pay and clear Dff
all the (aid duties for glafs, which (hall be due from him, iMr
or them refpeAively } and that all and every fuch maker of ^af^
who (hall refufe or negleA to make fuch payment as afornifi,
(hall forfeit and lofe for every fuch offence double the funi^
the laid duty, whereof the payment (hall be fo refufcd or ii0^
gleAed. -

XVI. Provided always, and be it further enabled by the i«-
diority aforefaid. That it (hall and mav be lawful to and fotWf
peribn or perfons who (hall have aftually paid his Majefty's du-
ties by this aA payable for any quantity or glafs whatfoever, malt
firom any of the materials charged as aforefaid, and to mdibr
any other perfon or perfons who (hall buy^ or be lawfully tjIK
titled to any fuch quantity of glafs, from toe laid peribn or BCiL
Ions who adhially paid his Majefty's duties for the fame, tocz-
port fuch glafs tor any foreign parts by way of merchanda^
giving (iiflicient fecurity before the (hipping thereof for expofu
tation, that the particular quantity of glafs, which (hall be'la- ^
tended to be exported as aforefaid, and every part thercofi I
(hall be (hioped and exported, and that the fame or any prt I
thereof, (haJl not be relanded, or brought again into anypm I
or parts of Great Britain $ which (ecurity the coftomer or M^ I
le£tor of the refpeftive port for fuch exportation, is hereby dP 1
reded and authorixed to take in his Maje(ty*s name^ and*l» |
his ufe.

XVII. Provided always. That if after the (hipping of anjf
fuch glafs to be exported as aforefaid, and the giving or tender-
ing fuch fecurity as aforefaid, in order to obtain the allowanco
or drawbacks nerein after mentioned, the glafs fo (hipped 19
be exported, or any of it, (hall be relanded in any part of Oi^
Britmn ; that then, and in every fuch cafe, over and above the

Gnalty of the bond, which (hall be levied and recovered to his
ajefty's ufe, all the glafs which (hall be landed, or the valoe
thereot, (hall be forfeited.
Debentnreand XVIII. And it is alio hereby enaAed, That any perfon er
drawback on pcrfons, who (hall export any glafs to any foreign parts, (hil
glafi exported, or may make proof upon oath, or by fuch affirmation as afor^
faid, ttut the duty of fu^ glafs Jiath been pai4 according to this
aA (which oath or affinnation the collector who received the

(aid

Glafs (hipped
for exporta*
tion, and re-
landed |

Fcnaltft

1 746 ] Anno dcdmo nono Geosoii II. c. 12. ^117

Aid duty is herebv required and impowered to adcninifter) and

thereupon the faid coUeftor for the faid duty upon glafs (hall

give to fuch perfon or pcrfons gratis a certificate or certificates,

cxprefling the kinds and weight of fuch glafs, and the duties

paid for the fame, purfuant to tbisadt ; l^hich certificate being

produced to the cufiomer or coUedor of the port where the £dd

glafs (hall be exported, and oath or afiirmation, as aforefaid,

being alfo made by the exporter, before the faid cuftoroer or exporter to

coUedtor of the port (who is hereby alfo authorized and required makeoadi.

to adminifter the fame without fee or charge) that the faid glafs

lb exponed is the fame mentioned in the faid certificate, then

the faid cuftomer or collc<5tor of the port where fuch glafs (hall

be exported, (hall give to the exporter thereof a debenture, «* jvbentiiM.

prefling the true weight of the glafs fo exported ; which deben- ^^

tiurc being produced to the coU^or appointed to receive the faid

duties upon elafs, in fuch coumv or place where the faid glafs

wras exported, he (hall forthwith pay to the perfons or agents

§0 esporttng the fame, a drawback or allowance of nine (hillings Allowance.

and tour pence pn hundred weight for all crown, plate, flinty

or white glafs ; and two (hillings and four pence pir hundred

vetght for all green gla(s made in Gnat Britain ; and if fuch

coUeAor (hall not have money in his bands to pay the fame,

tfwD the faid refpedive commiffioners of the exciie in Great

Britmn are reauired to pay the faid debenture out of the duties

wpon glafs aribng by this aA i any thing in this ad to the con-

tn^notwithftaiKling.

XIX Atid whereas the importation of glafs into Irdznd from fo^
reign parts^ and the exportation of glafs from Ireland, may he of
groat prejudice to the manufacture of glafs in Great Britain ; be it
mrther enadted by the authority aforeCiid, That from and after .

the firft day of AiJgr, one thouUnd feven hundred and forty fix, ] ftiJS?
DO perfon or perfons whatfoever (hall import, or caufe to be im- fmported inM
ported into the kinsdom of Ireland^ any crown, plate, or flint Irdand.
gbTs, or white glau, by what name foever it is, or hereafter
may be called or known, or any common bottles, or other green
g^ls, or any glafs of any kind or denomination whatfoever,
other than the manufaAure of Gr^tf/ Britain, And if any crown
plate, or flint glafs, or white glafs, or any common bottles, or
other green glafs, or any glafs of. any kind or denomination
whatfoever, other than the manufadure of Great Britain^ (hall
be landed or put on (hore out of any ihip or veflel in Ireland^ all
fuch glafs, of what kind foever, as (nail be fo landed, or put
on (hore, or taken out of any fliip or ve(rel in Irelandy fliall be Penalty,
forfeited and dcftroyed within ten days after the fame (hall be
lawfully condemned ; and alfo the (hip or veflel in which the
fame was imported, be forfeited, with her tackle, apparel, and
furniture ; and the mafter of fuch (hip or veflel, and every other

Erfon or perfovis concerned in importingof the fame or that (hall
ve been aidinz or a(&fting in the landing or putting the fame
on (hore, fliall forfeit and pay the fum of ten (hillings for every
Vql. XVIII. E% pounfl

-4i8

Anno declmo none Gj^oKon II. C it. (t74^«

an'ives.

Penalty.

{lound weight thereof^ aad fo in proportion tot any greater or
efs quantity.

^8 carrying ^^' ^^^ ^^^ ^^^ ^^^^ cffcaually preventing of fuch imjiQr.
glaft, to take tation of foreign glafs into Ireland^ U is hereby further enaded,
a duplicate of That the mailer of everv (hip or veilel which (hall carry any
contenu. crown, ]>1at€, or flint glafs, or white ftUfs* or any commoa
bottles, or other green glafs, or anv glals of any kind or deoo-
mination whatfoever, to Ireland^ (nail it^ke from the colledor
or comptroller of the port of Great ,Britaiu^ where he (hall lade
any fuch glafs, a duplicate of his contepts in writing of all tho
glafs taken or laden on board his (hip or veflel, before he be
permitted to fail out of the pprt, under the hand and linl of
fuch colle(5lor or comptroller of the faid port of Gnat Brikim ;
which faid duplicate (hall be delivered to the mailer of every
To deliver on fuch fliip or vcffd without fee or reward j and that every fuch
oath the dti- mafter of ev^ry fuch (hip or veflel (hall deliver upon oath fuch
pHcatc to the duplicate to tlie coUedlor, comptroller, or other officer of the
SoJ^t whUhe cuRoms in fuch port in Ireljndy where fuch (hip or vdfcl (hall
^ arrive, and intends to unlade, before he be permitted to lanl

smy fuch glafs. And that in cafe anv glafs of any Icind or deno-
mination vvhatfoever, (hall be unladen or landed in any part of
Ireland^ before fuch duplicate is produced to the colledlor, comp*
trotler, or officer as aforefaid, all fuch glafs (hall be forfeited
and dedroved within ten days after the fame (hall be lawfully
condemned ; and alfo the (hip or veflel in which the fame wai
imported, be forfeited^ with her tackle, apparel, and furniture;
and the mafter of fuch (hip or veffcl, and every other peifon
or perfons concerned in importing of fuch glafs, or that (hall
have been aidine or a(rtfting in the landing or putting the fame
on (hore, (hall forfeit and pay the fum often (hillings for every
pound weight thereof ^ and fo in proportion for every greater
or lefs quantity.

XXI. And be it further enacted by the authority afore(aid.
That if after the firft day of Mayj one thoufand feven hundred
and forty fix, any perfon or perfons wbatfoever (hall diredlly or
indiredlly export, tranfport, ihip off, carry, or convey, or caufe
or procure to be exported, tranfported, (hipped off, carried, or
conveyed, or (hall be any ways aiding or auifting in the export-
ing, traniporting, (bippmg off, carryii^g^ or conveying out pf
the kingdom of Irelandy any crown, plate, or flint glafs, or
white glafe, by what name foever it is, or hereafter may be
called or known, or any dommon bottles, or other green gla&,
or any glafs of any kind or denomination whatfoever, or (hall
directly or indire(!)Iy load, orcaufe to be laden upon any horfe,
cart, or other carriage, or load or lay on board, or cau(e to be
laden or laid on board, in any (hip or ve(rel, in any place or
port, within or belonging to the kingdom of Inkndy any fuch
;lafs as aforefaid, with mtent or purpofe to export, tranfport,
tiip off, carry, or convej^ the fame, or caufe the faine to hp
exported, tranfported, (hipped off, carried, or conveyed oat
of the kingdom of Ireland^ or out. of any port or place bcilcmgipg

Perfons con-
cerned tn ex-
porting glafs
from Ireland.

gla
filil

to the (apie, or ^ith intent or purppfe that any perfon or pefr
fons whatfp^vcr ftiould fo export, .tiranrport, (hip off, c^rry, or
,convey the &mc out of. the kingdom of Irelan4^ levery.perfon/o
.oSendingy (|iall, for.every fuch offence, forfeit and pay theTunfi Peoal^*
^of t^n.millini[S;tpr every po^ipd weight of gl;^fs, of ^ny.kindor '^
denomination whatsoever, fo exported, tranfported, (hipped off>
.or carried, convoyed, or laden, as aforetaid, contrary to .the
,true intent ;|nd meaning of" this a<St ; and .^l,tl)e gU^ of any
Jund or denomination ^hatiocver, fo expQrte^, tnitifjportcdy
.fliippcd o(F, or carried, conveyed, or laden, cpntrary , to the
true intent and meaning of this adl, ^11 be fprFeited an^ de-
ftroyed within ten days after the f^nie (h^ll bse.laVffuHy con-
demned: and ^1 and every (hip or vedel, barge,. boat, qr other
bottom whatfoeyer, wherein any fuch glafs (hall be .(hipped qr
.laid on board, contrary to the true intent ^nd meaning of this
a^,^(hall like wife jbe forfeit^, with her tackle, app^tirel, ^
'furniture.

XXn. .And it is thereby further enabled by Jhc authorityafgre* Commiffion*
faid. That the cpmmiflioners and fub-copimiffionefs of exciie ers, ice. in
.refpe(5|tively, in their refpc<ftivc limits and jdilbrifts in Ireland^ or Ireland, to dc-
the major part of" them, arc hereby authorized and required to ^^^'^^^ j^^
bear and determine all offences agaioft this ad, relating to. the tSs^aSixo,
.exportation or importation of glafs ; which commiifioners or
iub-commiflioners (hall and may proceed in a fummary way,
imd give judgement or fentence, and levy the penalties and for-
feitures by this a6t inflicted on fuch offenders, in fuch or the
like manner as they are enabled to proceed, give judgement,
and levy the penalties and forfeitures in cafes of excife in /rr-
landy by any ad or ads of parliamei^t now in force in that king-
dom ; one moiety of which penalties and forfeitures (hall be to Porf^turtt
his Majefty, his heirs and fuccelTors ; the other moiety to the difpofed.
officer or officers, or any other perfon or perlbns, who fliall
feize, difcpver, inform, or fqe for the fame.

XXIII. And whereas there may have been contraSfs or bargains
wade for the purcbafe find fak pfhome made glafs and glafs bottUsy to
be delivered and received at future times after the faid twenty fifth day
^ March, one thoufandfeven hundred and forty ftx^ which controls
or bargains y by reafin of the duties on glafs and glafs bottles hereby
impofedj cannot be complied, with by the fellers without great lofs and
damage ; be it therefore further cna<Sted by the authority afore-
faid. That all contrails or bargains, made or to be made before Contrafb'
the faid twenty fifth day of March^ one thoufand feven hundred made for glaft
and forty fix, for the purchafe and (ale of home made glafs or *>«fore March
'glafs bottles, to be delivered and received at any future time or *^* '^*
tiipes, which (hall not be performed and complied with on or q^^ perfonoed
before the faid twenty fifth day of March^ one thoufand feven before {hat
hundred and forty fix, (hall be and are hereby declared to be time, null,
null and void, and of no effect : and in cafe any fum or fums of
money (hall have betn advanced and paid by any purchafer orj^^^^j^^^
purchafers, for or on account of any home made glafs or glafs vahced fo/
l^ttlesj which ihgU not be delivctred on or before the (aid twen- glaft not deli*

£ea ty v^f^befbra

420

March x|»
1746, to be
returned.

with intereft.

Additional ^
duties on fpi-
rituous
liquors.

Anno dccimo nono QeorgiiII. C. is. [i74C*

ty fifth day of March^ one thoubnd feiren hundred and forty fix»
all fuch fums of monev (hall be forthwith repaid ta the perfoo
or perrons who (hall have advanced and paid the raine» toge*
ther with legal intereft for the (ame, from the time and tima
that fuch fum or fums of money (hall have been refpedtivelyad-
vanced and paid.

XXIV. And it is hereby further enaAed by the authorinf
aforefaid, that there (hall, from and after the (aid twen^ fifth
day q£ Marcbj one thoufand feven hundred and fortv fix, be
raifed, levied, coUedted, and paid unto his Msyefty, nis hdrs
and fuQceflbrs, for the feveral ipirituous liquors made, eztradcdi
and manufactured in Great Britasn^ and herein after memtoncd,
fpecified, and enumerated (over and above all duties, charge,
and impofitions by any former ads of parliament thereupon ref-
pedivelv fet, rated, and impofed) the feveral rates and duties
of exciie herein after mentioned and exprefled ; that is to £7,

For every gallon of low wines, or fpirits of the firft extradioOi
made or drawn ftom any foreign or imported materials or any
mixture therewith, to be paid by the diftilleii or makers tfacst-
of, threepence

For every gallon of low wines, or fphits of the fijrft extracr
tion, made or drawn only from any fort of drink or Wa(h, bsew^-
ed or made from any fort of malt or corn, other thaa exc^t
brewers wa(h or tilts, to be paid by the didiillers or uiabfK
thereof, one halfpenny. ' f

For every gallon of^low wines, or fpirits of the firft extno-
tion, made or drawn ftom brewers wa(h or tilts, or mixtuvQ
therewith, to be paid by the diftUlers or makers thereof, que
halfpenny.

For every gallon of low wines, or fpirits of the firft extrac*
tion, made or drawn from any other fort or kind of EngU/h ma*
terials, or any mixture therewith, to be paid by the diftillenor
makers thereof, three farthings.

For every gallon of fpirits made in Great Britain^ of any kind j
of wine or cyder imported, to be paid by the diftillers or maEen
thereof, three pence.

For every gallon of ftrong waters, or Afua Vita^ made fix
fale of any other materials to be paid by the diftillers or makcn
thereof, three halfpence.

XXV. And for the better afcertaining, charging, coIlcAixi^
Dudes on fpi- raifing, levying, and fecuring the rates and duties by thisaS
ntttOuflioHort impofed on the faid fpirituous liquors, and preventing ftiiuds
made inEng- jh^rein ; be it further cnafted by the authority aforefaid, Thu
. * fuch of the faid rates and duties by this adt granted, as are charg-

ed upon fpirituous liquors made, extradt^, and manufii^hired
Duties in in .England^ IVaUs^ or the town of Berwick upon Tweed, (hU
Scodaad.pay- be under the receipt and management of the comini(rioners uA
able there. officers of his Majefty's revenues of excifc in England for the
time being ; and (uch of the faid rates and duties as^ «ie im-
/ . pofed

1746.) . Armo dedmo nono GsoROii II. c. 11. ^tx

pofed by this i£t upon fpirituous liquors made, extraded, and
mtnuh&urcAinSathmdf fliall be under the receipt and manan-
ment of th* commiflioners and officers of excite in Scotlandxot
the time bdng ; and the faid refpedive commiffioners of excife^ Commiffionen
or the major part of them, have hereby^ power, by commiilion "J*)^ appoint
imder their refpefUve hands and feals, to conftitute and ap- ^^^"*
point under them fucb officers as (hall b; neceilarv jn that be-
half ^ and all monies arifing by the faid duties in Great Britain^
or any part thereof (the neceflary charges of railing and ac-
countmg for the fame excepted) (hall, from time to time, be
paid into the receipt of his Majeft/s exchequer at tfyiminjlir^
diftinAIy and apart from all other branches of ^e pubnck reve<«
nties, fubjed and Ihible to fuch ufes, applications, and purpo(es»
as are herein after mentioned.

XXVI. And for. the encouragement of the exportation ^Dn^hitk ea
fpiriu drawn or made from the materials aforelaid, be it en- exportation,
adled by the authority aforefaid. That from and after the (aid

twenty fifth day of Afarib^ one thoufand feven hundred and for-
ty iix, there (hall be a drawback or allowance of the fevenU and
rtfpeSive duties, chamd by this aA on fplrits that Hull be ex-*
ported to parts beyond the (eas, and upon oath being made be-
fore any two or more of the commiffioners of excife, or juftices
of the peace for the county or place from whence any fuch fpi-*
rits are intended to be exported, that the duties of the fame are
duly entered and paid, and that the fame are exported for mer-
chandize to be fpent bevond the feas ; and upon producing a
certificate under the hanas of the officers of excife for the port
or place where fuch fpirits were (hipped off, the quantities fp
flupped, and that the nme were (hipped in the prefence of fuch
officers, the diftiller or diftillers, or other perfon or perfons ex-
porting the fame, (hall be allowed or paid back by the com-
miffioners of excife, or their colIeAor for the port or place where
fuch fpirits (hall be (hipped off, the feveral duties charged there-
upon by this aft accordingly.

XXVII. Provided alfo, and it is hereby declared. That no- Limitation of
Idling in this z& contained (hall extend to charge with any of the additional
the additional duties, direded to be paid, levied, or received duties.

as aforefaid, any low wines or fpirits of the firft extraAion,
made or drawn from melaffes only ; but that the Tame (ball re-
main liable only to and chargeable with the duty of twelve pence, P^^ ?^ »••
for every gallon of low wines or fpirits of the nrft extraSion, fo ^^ "P*"^
made or drawn from mela(res only : and that all fpirits from fuch
low wines or fpirits of the firft extradion, made or drawn from
melafles only, (hall remain liable only to and chargeable, with
the duty of fix pence fn gallon,

XXV III. And be it further enafted by the authority afore- Powcn.&c
faid. That all and every the powers, authorities, direaion8,ofthUaa/
rules, methods, penalties, forfeitures, daufes, matters, and
things, wluch in and by an a6t made in the twelfth year of the
r^gn of King Charles the Second, intituled. An a^ for taking
mof the iowrt of tffords andUveries^ and tenures in capite and ^ ** OmT' >•
' ^ Eej knights'"* ^"^

422 Anno' de'cimb riorib GeoKgii IT. t.t2. ('74*.

jtnights fervke and purvey ance^ and for fettling a nvenue uponhii
Madefy in Hen thereof ^ or by any other law now in force, relating
tb his Majcffy's revenue of excife upon beer, ale, or other li-
quors, are provided, fettled, or eftablifhed, for managing,
raifing, levying, collcding, mitigating, or recovering, adjudg*
ing, or afccrtaining the duties thereby granted, or any of the©
(other than in fuch cafes, for which other penalties or provifi-
ons are nfiade and prefcribed by this aft) (hall be exercifed,
praAifed, applied, ufed, and put in execution. Mi and for the
managing, raiiing, levying, colleding, mitigating, recoYerin|,
and jpayine the \z\i duties upon glafs, and upoii fpirituous h-
quors* hereby granted, during tlie continuance of this ad, ai
fully and effe6tually to all intents and purpbfes, as if all and
every the faid powers, authorities, rule*, dircffions, tbcthods,
•penalties, forfeitures, claufes, niatters afnd things were parti-
cularly repeated, and again enaflid* in the body of this prefcnt

aa.

Knci &c. XXIX. And be itfurthercnadted anddeSared by the atithorTty

how to be Ic- afcrefaid, That all fines, penaWes, and fbf feiftt-^s by this aftim-

vWd, &c. pofedj fhafl be fued for, livie<f, recovered, or hiitrgated hy foch

vcays^ niean^, and niethods, asanv fine, penalty, or Forfeiture, is

or may be recovered or mltig:<ted by any law or laws of cfxcife, or

by this aft, or by a<5Hbn of oeV, bill, phint, of ifif:nthation in

any of his Majefty's courts 6f record at Jrefimhtjier^ or in the

court of excheqacf in Scotland: and thit one moiety of every

fiich fine, penalty, or forfeiture, (hall be to his Majefty, his

heirs, . arid fucccffors, and the other moiety to him xn them who

(hall difcover, inform, or fue for the fame.

Books to be XXX. And be it wrthcr enafled by the authority aforefaid,

kept forcnter- That thcrp (hall be provided and kept in the oflice of the va&*

ing the mo- tbr of th6 faid receipt of exchequer at Wejhninjitr^ H book or

nlcs received books, in which all the monies hereby appointed to be paid in-

icparate. ^^ ^j^^ receipt as aforefaid j (hall be entered feparate and apirt

from all other monies paid or payable to his Majefty, his heirs,

or fucceflbrs, upon any account whatfoever ; and the faid 010-

ney fo appointed to be paid into the faid receipt of exchequer is

aforefaid, (hall be the yearly fund for the feveral and refpe^n

purpofes herein after mentioned.

Tb^ annuities XXXI. And be it further ena(fted by the authority aforefaid,

granted by That all and every the annuities which oy this aft (hall be grant-

this aa to be ^j gy^j made payable, in refpedt of the principal fum of three

paid out cf the .n- i "^ t j • r i_ T r • • . %

additional du- i^^l'^ns, to be railed m fuch manner and form as is herein »f-
ties. ter direfle^, until rcdcniption thereof by parliament, as alio

the feveral and refpedtive other annuities by thisa<ft made paj>
ble at the faid receipt of his Majefty's exchequer, during th
lives of the feveral contributors to tlie lottery herein after men-
tioned, or the lives of their refpcflive qofninecs, (hall be chain-
ed or chargeable upon, and payable out of the (aid feveral new
and additional rates and duties by this a6t granted to his Ma-
jefty ; and the faid new and additional rates and duties (hall be^
and arc hereby appropriated for thofe pnrpofes accordmgly,

a . XXXILAnd,

174^.7 Annd dedmo nono Georgii It. C. 12. 423

XXXII. And, for or totwards ralfing the faid fum or Aiirisjowards laif-
of money, not exceeding in the whole the Bid fum of three>"i?
millions, for thepurpofes aforefaid, it is hereby further cnaftcd |jJ^g*J^Jj*j
by the authority aforeraid. That it (hall and may be lawful to Scc. '

and for any perfon or perfons, natives or foreigners, bodies po- may advance
litick or corporate, to contribute, advance, and pay unto the ^^ ^}!^S^^^
firft or chief ca(hieror cafhiers of the governor and company of ^;/^*ocoi for
the bank of England for the time being, at of before the refpec- the purchaie
five days and times by this a<ft limited in that behalf, any fum of annuity.
•r foms of money, not exce^ing two millions five hundred
thoufand pounds, in part of the laid whole fum of three mil*
lioiu, for the abfolute purchafe of any certain annuity or annui*
ties, to comnwnce from the twenty fifth day of March, one to commence
thoafimd feven hundred and forty fix, and to be paid and pay- >5^arc^»
able to fuch contributcnr or contributors, or fuch as he, (he, or '^*^*
they (hall nominate hia^ h^r, or their executors, adminiftrators,
Aicceffiirs, and affigns refpeAively, in rnanner herein after men-
tioned 1 k> as fuch cafhier or camiers do firft give fecurity, to Thecafliier to
the good liking of tfny three or more of the commiflioners of give fecurity
the treafury now being, or the high treafurer, or commiffioneri *"^ account*
of the treafury for the time being, for duly anfwerin^ and pay-*
ing into the receipt of his Maje%*s exchequer, for the pubKck
life, the rooniea fb^to be advanced and contributed, and to ac-
count duly for the fame ^ which annuities before mentioned The annuities
ftiallbe cdmpuled at the rate of fottr pounds pef etntumpr an- to b^t.^.
muH far every one hundred pounds, and proportionably for any P^ ^'«^
greater or lefler fum fo to be advanced and paid ; and the pur- p . .
chafe money for every fuch annuity, at the rare aforcfaid, is here- ncy when™^
liy appointed to be paid unto the faid cafhier or calhiers as afore- payable.
nd, at or before the refpeAive days or times herein after limit-
ed ) that is to fay, one fifth part thereof on or before fuch day
or time as (hall be appointed by the commilfioners of the trea-
Airy, or any three or more or them now being, or the high
treafurer, or any three or more of the commilfioners of the trea-
fiiiy for the time being ; one tenth part thereof on or before the
twentieth day of A2fy, one thoufand feven hundred and forty
fix ; one other tenth part thereof on or before the twentieth day
of Jnm then next enfuing; one other fifth part thereof on or
before the twenty fecond day of Augujf then next enfuing ; one
other tenth part thereof on or before the twenty fecond day of
Sepiimhfr then next enfuing; one other tenth part thereof on or
bCTorethe twenty firft day of OSlober then next enfuing; and tho
remaining fifth part thereof on or before the twentieth day of
Detemhfr then next following : all which annuities, fo to be . ^^. j^
purchafed, (hall be paid and payable at two of the moft ufual ^^y^^^ y^^x^^
ftafts or days of payment in the year ; that is to fay, the feafl: yearly.
of the nativity of Samt John the baptill, and of the birth of our
Lord Chrift, by even and equal portions, or within fix days
aftereveiy of the faid feaft days ; the firft payment thereof to be
computoi and paid at the rate of four pounds ptr centum per en"
fUm 00 Ibc whole fum to be paid by fuch contributors, for the

£ e 4 purchafi

424 Anno decimo nono Gboroxi II. c. it. r<74^«

purehife of any part of the (aid annuities, from the faid twemy

fifth day of Aiarch^ one thoufand feven hundred and forty ix,

unto the feaft of the birth of our Lord Cbrift, which thall be

in the year of our Lord one thoufand feven* hundred and forty

redeemable, fix, or within fix days after the faid feafi day : neverthelefis the

iaid annuities fliall be redeemable according to the purport and

true meaning of m provifo or condition herein after contained ia

,tbat behalf, and not otberwife; and the £ud caihier or caflnieis

... of the faid governor and company of the bank of England far

the time being is and are hereby authorized and required, upoa

advancing and paying to him or them any fijch fiim or fiinu of

money as aforefaia, forthwith to give a receipt in writing, fignel

by himfelf or themfelves, for eadi payment, to the conUibolGr

or. payer thereof (which receipt fliall be aflignable by endorie-f

ments thereupon made) at any time before the twentieth day of

Pi(€mUr^ one thoufand fevep tiundred aiid forty fix^ and no m*

per; and from time to time to pay into the receipt of your Ms«

jefty's excbec|uer all the monies which 4&e or they fliall reodne^f

or for .the iaid fum, not exceeding two miUipns five iMmdnA

thoufind pounds, as faft as he or they ihall. receive tb^ fiune, er

any part thereof, or within five days aiterwavds a,t die farthc^

^no to account for all the monies (b to be advanced andipaiito

^im or them, in his Msgefty's court of excbequfr, acconding^ai

the due oourfe thereof.

KmimoreoB ^^^'I- And it i|» hereby enaded. That in the officeof tk

tributmtob^^i^^^^ of the governor and compan)r of the ink

entered in a of Engkni tor the time being, there fliall hrprovhied pnd bpt

book in the a book or books, in vvbi(b there fliall be ftiiriy entered the nsmn

^^^tt^^t ^ ^ ^'^^ ^^ ^ pontributors for fiich annuities, after dur

m'^lu ^tfte 1^^ ^ ^^^ pounds pir centum fkr anmim as aforefiiid) znA:d

Sukk I ^ jftrlbns by wbofe hands the laid contributors fliall ^vf m %sof

of the jHud mms upon this a0, and aUbthefiiins ta pa«|-»:'fli

tobeiofpcfted whiph book or books it flull be lawful for the find red^MfA

V*^ contributors, their executors, admiqiftrators, fucceflbrs, and

' affigns, firoip time to time, at all feafona^le ttoaes tp havo rdbit,

AccoQijptant aoo to infped the fame, without any fee or charge; and ibe

generaJT to (jiid aecomptant general for the time being, flull, on or befin

^?"^";|**^": the twenty fourth day of Jum^ one thoufand feven hunditd

office of the «wi forty feven, tranfmit an attcftcd duplicate fairly written up.

auditor of the on paper, of the bid book or books, into the office of the an-

eselK<I«av ditor of the receipt of his Majefly's exchequer, thereto remain

ipx ever.

Contribotort XXXIV. And it is hereby enaded by the authority afore-

peyieg the {^^^ xhat all and every contributor and contributors upoa

2J^^ "*^ this aift, duly paying the whole confideration or purchafe roo-

^* ney, ft the rate aforcfaid, at or before the refpcflive days and

times in this z6t before limited in that behalf, fpr fuch annuity

or annuities, or fuch as he, flie, or they fliall appoint, his, her,

or their refpeAive executors, .adminiftrators, fucceflbrs, and af^

tortecWetbdr *P^** ^^ ***^** receive, and enjoy, and be intitled by vimic

aaaidtiefe ^ ^ *^> ^^ ^^^ receive and enjoy, the rcfpeAiye annuity

m

174^.] Anno dfdmo nono Gscroii 11. c it:. 4^$

and uinnities fo to be purchafed out of the monies by this ad-
appropriated or appoisited for payment thereof as aforefaid, and
ftkall: have good and fiire eftates and interefts thereia for ev^>
fubjeifk only to the provifo or condition of redemption, in ihki>
ad afterwards contained concerning the fame; and that M thti
ley«ral and refpeAive annuities, payabte in pursuance of this aft,
after the rate of four pounds per centum per anmun^ on all and
every the prindpal fumsfor which the fame are to be payable, .f^ee from
flulf b^ free from all* taxes, charges, and impofitions whatfo- uxes.
ever. ■ ^.

'. ^XXXV. And it is hereby provided and enaAed by the au^
dfeority afbrefaid. That all and every perfen and perlbns who ^f SS^oScot.*
ihaU. become intereiled in, or intitled to any aimutty or annui- ble.
tiesi part of the faid fam of two millions five hundred thoufand
pounds, to be fubTcribed for in purfuance of this aS» (hall up*
ottiioaipleatuig the payments of die whole purchafe money,
paj^drfe in ref|^&. thereof, have fuchrefpedhre fums, as they
Ibdl'beoome interdfled in, or intitled imto,' fbrtfavfith placed to
thfilcroft of the £ud contributors, and made tmismrabie hx
tbe^books of the faank.of Eaghnd^ by- this a£l appoiattd to fa^
kq)t for that purpofe. -

*XXKVh Provided alfo. That in cafe any Aioh contributor
asaforefiud,. who (hall, on or before fuch day or time, a* (hall 7^^^^ "
be appointed by the faid commiffioners of the treafury, of^tlie fkiloreVpiy-'
bid bifhitreafurcr for rthe time being, ^as afore&id, iiAve ad- ment of the
vanced tt> tbe fiud cafhier or ca(hiers,.one fifdi partcrf hif; her, whole pur-
^iheirpCNrchafemoney^ and his^ hMar, or their executoi^ ad- ^^^^^ money,
8)mi(hralors^ fiiooeffivsi or affigns, do not advance and pay to
thefaid<caAderor cafhiers, one tenth part of his, her, oriheir
confideration monc]^ (b to be paid for fueh refpediye annaity or
aimuities as aforefaid, on or before the twentieth day of Afay^
oae^daoufand feven hui^red and fcnrtv fo ; one other tenth part
thoteofv ^n or before the twentieth oay of Junfj then rkxt en-»
fakag; :one other fifth jpart theieof, on or hcfart the twenty (e-
COiidday.of AugtfBy then next enfoing; one other tenth part
therdofyon or befonc the twenty fecond dsLyciSeptemhr, then next
cnfUng} one other tenth part thereof,^ on or before the twenty
firft day of OS^ety the» next enfuing( and the remaining fifm
part thereof on or before the twentieth day pi Dtcmher^ then
next following; then, and in every foch cafe refpe^livdy, fo
much of the confideration money, as (hall have been adually ^^^*[^**^^!5
paid in part thereof only to the faid ca(hier or cafhiers for fuch ^,**p2rt "
refpeAive annuity, (hall be forfeited for the benefit of the pub-
lick; any thing m this aA contained to the contrary notwith-
ftanding.

XXXVII. And whereat it is inteniid^ Thai the fum of five bun^

ired thoufand pounds^ being the rejidue of the faid pun of three miU T^^ remain-

Uom already charged by Hm aSfy upon the faid mw and <^tionaV^^^^^

rates and duties^ appropriated for payment thereof in manner before a lottery, ^

directed and appointed^ JhaU be raifed by way of a lottery^ for the

turcbafe of annuities^ after the rate of four pounds p^r centum % P^rchafe
* ^ r f <^ 4*^ ofannuiticiat

f^ ^. per ant.

4t6 Anna dedilltf nono Georgii II. c. r 2« f 1746.

per annum, in manmr hereafter mentioned i be it therefore en-
a£ted by the authority aforefaid. That the annuities becoming
due and payable to the contributors to the lottery herein afltr
mentioned, their executors, adminiftrators and aflignt^ at the
faid rate of four pounds per centum per annum^ in refpedt of the
faid principal fum of five hundred thoufand pounds, in manner
hereafter in this a^ exprefied, until redemption thereof by parlia-
ment, according to the provifo herein after contained in that be^
Annoitiet to ^^^^ ^^^ ^ charged upon the faid new and additional rates and
commence duties, from the fcaft day of the birth of our Lord Chrift, one
from %s De- thouiand fe>^n hundred and forty fix, and (halt from time to
ceihber» 1746, time be paid half yearly, at the feafls of the nativity of Saint
^yablcbalf- y^^ ^he baptift, and the birth of our Lord Chrift, by even
^ ^' and equal portions, the firft payment thereof to be due and

payable for the half-year ending at the feaft of the nativity of
Samt John the baptift, one thousand feven hundred and forty
feven.

XXXVin. And be it further enabled by the authority afore-
fcid. That for or towards raifing the faid fum of five bundled
thoufand pocmds, it (hall and may be lawful for any peribn or
perfons, natives or fordgners, bodies politick or corporate, to
contribute by paying at or before the refpeAive times by this ad
Tbe prieeof aUmited in that behatf, to any receiver or reeeiven to be appoinc-
^^^^ ^ ed for that purpofe, as is herein after mentioned, the fum of
ten pounds, or divers entire fams of ten pounds upon this aft;
and that every fuch contribotor and adventurer for every foA
fum of ten pounds, which he, (he, or they (hall fb advance,
(halt be intere(ted in foch lo^ or (hare* of and in the joint fiock
of anrraities, eftabfifiied by this aA, as is herein after mentia»*
ed and appointed in that behalf; and the (ame entire fums of
ten pounds each, are hereby appointed to be paid unto fiich ia«
ceiver or receivers, at fuch time or times, and in (bch prepor*
tions at a time^ as are herein after mentioned in that behalf;
Purchafe mo- that is to fay, one founh part thereof, on or before the twcn-
aey when pay- ijg^li day ot May^ one thoufond feven hundred and ftnrtyfii;
one other fourth part thereof, on or before the twenty firn diy
ctfTufy, then nextenfuing ; one other fourth part thereof^ on or
bebn-e the twenty fecond day of Septemter^ then next enfuing}
arid the remaining fourth part thereof, on or before the tweni)
firfi day of Offohr^ then next following.

Treafurf to appoint managers of the lottery* Books to be prepared by
the managers, containing the numbert of tbo tkkets. Treafuiy to appoint
receifen, who fhall give fecunty. Receivers to ifllie tickets at tol. each.
Tickets ondirpofed or to be returned into the exchequer. There fliall bf
printed 50,000 tickets; 7150 (hall be fortunate; two io,oool. tbret fOopL
pwe soopl. fifteen loooK tbirtv ooe 500k one hundred and fifty one looL
tkrte hundred and ninety eight 50I. fix thouiand five hundred and fofty
five lol. which fums, together with 500I. to the firft drawn ticket, md
looot. to the laft drawn, will amount to «^,^oL which being added M
f cy.fool. the principal payable to the remaining 4a«^5o hlank tickets* H
. each, amowit to 5«o,oool. the fum total to be convened into 1

in refpe^ of the lottery tickets. Lottery to b€|nn drawing 14 Nov. 17^4.
^epri^ to be entered, 'f he prize ticxets (o pe ^ed. Vbamgu^toii*

eerihind difphtes of propoKy, f)tfl6ny to forge^or alter the'itumber of «"
ticket. Ouu-ditns miy vlventure infants mongr in the lottery ) fo at fucU
infantft nameft be in tht rcscoptt and tickets, iiekeu.to be exchanged kit-
certificates after the lottery is drawn. Names of perfons excbangmg tick*
icts, CO be ^nt^fed ih a book. Exp.

LIV^ And be it further enaAed by the authority aforefaidt y^gcomota t
That the faid accomptant general ot the bank of England for gcneram^thc
the time being, to whom the faid certificates are ta be direAed bank, to give
Q6 aforefaid, mall, upon recdiving and taking hi the laid certifi- credit to the
cates, or afiiy of them, pve credit to the penbns named there- P%^"*"?^*
in, in the fame book or books with the-contribotorsfor the pur-'Stetj ^ '
chafe of the annuities, not exceeding two millions five hundred
thoufiamd pounds, herein before direAed to be inferted in a book
or books, or -in any other book or books, to be by him provid--
ed and kept for that purpofe, for the principal fums contained
;n every fuch certificate ; and the perfons to whofe credit fuch
principal fams fhali be entered in the faid book or. books, his,
ber, or their executors and adniiniftrators (hall and may have>
ptmer to afiign and transfer the fame, or^my part, fKarc or:y^g„„|^
proportion thereof^ to any other perfon or perfons, bodies'poli«^ made tranf-
tick or corporate whatibever, in other bdoksy to be prepared aiidfernMefi
kept by the faid accomptant general for that purpofe; and tbdi /
principal fums fo afligned or transferred, fliaU carrr thie faid atn*^ !
naity of four pounds fir tntum pir onmnn^ add fnall he taken
and deemed to be ftock transfeirable by this adk, according to
thfc powers and authority herein after mentioned, until the re-
demption thereof as afore(aid( and the faid accdinptstot general
of the bank of England for the time being, is hereby authorised
and direded to cancel and file the certificates, as they (hall from Certificates tm
time to time be received and taken in by him, and to give the ^j ^iS^*^
prions bringing in the fame a note uncler his hand, teftifying notes ^enln
the principal money for which they (hall have credit in the faid thtir lead,
book or books, by reafon or meaas of the certificates fo receiv-
ed, taken in, and cancelled as aforefidd, and of the annuities
attending the fame.

LV. And for the more eafy and fure payment of the feveral .
and refpeAive annuities, amounting in the whole to three mil*
lipns, by this aA authorized to be purchafed as aforefaid; it is ^ ^.^ v
hereby further enaAed by the authority aforefaid. That the faid Und tb pfy"**

S governor and company of the bank of England, and their fuccef- the annuiuesi
ors, fhall from time to time, until th6 faid feveral and refpedive
annuities, after the rate of four pounds per ctntum per anmtmp
(hall be redeemed according to this aft, appoint and employ one
fufficient perfon, within their office in the city of Londsn^ to be
their chief or firit cafhier or cafhiers, and one other fufficient
perfon, within the fame office, to be their accomptant general; Money to be
and that fo much of the monies, from time to time ariung into paid out of the
the receipt of the exchequer, for the faid feveral rates and duties exchequer to
by this aft appropriated for this purpofe (after fatisfying or re- Jhat^^'JllTOfe
ferving money fufficient to fatisfy the feveral annuities herein ^^^*^ '
fXtfr ctiHTged uDoffi the fiiid feveral nw and duties, and madf
" pay

428 AnnodecimononaGEORGii IC. C.I2* [i746r

paj^able it the receiptof bit Majefty*t exchequer, for and dnr-
ibg the life or lives of the feveral contributors to the lottery a-
% fbrefaid, or the life or lives of the refpeAive nominees, in man*

ner herein after mentioned) as (hall be fufficient, from time to
time, to anfwer the faid feveral and refpeAive annuities, and
other payments dire^ed ^o be paid or difchareed/ out of the
fame, (hall, by order ot the commiflioners or his Mayeftj's
treafury, or any three or more of them now being, or tfaehi^
treafiiter, or the commilTioners of the treafury of his Majel^,
hil heirs or fuceeflbrs for the time, being, without any further
or other warrant to be fued for, had or obtained in that behaU^
from time to time, at the refpeAive half yearly feaft days or days
of payment, in this ad before appointed for payment thereof,,
be ifliied and paid at the faid receipt of exchequer, to the faid
firft or chief caihier or Cifhiers of the (aid governor andcom-
pany of the bank of England^ and their fuceeflbrs for the time
being, by way of imprdl, and upon account for the payment
of the faid feveral and refpeAive annuities to be purchafea upon
thisaA, at fuch times, and in fuch manner and form, as are by
; . . this ^€t prafcribed in that behalf; and that all and every fuch
^"^tlTr*^ cafliier or calhiera, to whom the faid monies (hall from time to
aodaccomtVn ^™^ ^ ifliied, (hall from time to time, without delay, apply
thccxchequcr. and pay the fame aocoixiingly, and render his account thereof
according to the due courfe of the-exchequer; any thing herein
contained'to the contrary notwithftanding.
Accomntant ^^^* ^"** '^ " hereby alfo-eoaAed, That the faid accompt*
general toin. ^"^ general for the time being, (hall from time to time infpeft
^atheea. and examine all receipts and payments of the faid cafhier or.
Aiert ac-' cafbiers, and the vouchers relatir^ thereunto, in order to pre-
Aitnuitiet a ^^^^ ^"^ fxaud, negligence or delay; and that all and every per-
perfonale. foQ tnd perfons wliatToever, who (hall be intitled to any of the-
ftatc; andas- faid feveral and refpeAive annuities, after the rate of four pounds
empt from per etntum ftr awmm^ and all perfons lawfully claiming under
foreign at- fhem, (hall be po(refled thereof as of a perfonal eftate, and the
«at, j.^^^ ^^ji ^^^ ^ defcendible to the heir, and (hall not be liable
to any fore.gn attachment by the cuftom of London^ or other-
wife 9 any law, ftatuteor cuftom to the contrary notwithftanding.
LVII. And be it further cnaAed by the authority aforefaid,
3,eoo,oee1. That all the monies to be advanced or contributed, or to which
one capital ^^^ pcrfdn or perfons (hall become intitled upon this aA, for or
cITwith M- towards the (aid fum not exceeding three millions, ftiall be
nuities at 4I. deemed, reputed and taken to be one capital or joint ftock, on
per cent. which the laid feveral and refpeAive annuities, after the rate of
four pounds per ctntum fit anmutij (hall be attending; and that
all and every perfon and perfons, and corporations whatfoever,
in proportion to the money by him, her, or them advanced, or
to which they (hall become intitled as aforefaid, upon .this aA,
(hall have, and be deemed to have a proportional intereft and
(hare in the faid (bck^ and in the annuity attending; the (iime,
at the rate afore&id ; and that the whole capital or joint ftock,
or any (har^ or intercil thcreioi 40d the porportional annuity

»t-

174^0 Anno dedmo nono Georgii IT. C* i2. 429

atrendin| the famey fliall be affigntble and transferrablc as ^I^iVj^^^^^^
aA direAsy and not otfaerwife; and that there (hall conftap^y (f^m^f^rAbie.
be kept at all leafonable times, in the officse of the (aid accomp^'
ant general for the time being, within the city of Lindtm^ a b(>ok
or books, wherein ail aiCgnmems or tran$fera of the Aid whole
capital or joint ftock, or any part thereof, ^and the proportional
anaoity attending the fame, at the rate aforebid, mall be en-
tered and regiftered ; which entries (hall be conceived in proper '
words for that purpofe, and (hall be fiped by the parties mak* Method of
ing fuch affignments or transfers) or if fuch parties be ab(ent, ^'**"**'"""^*
by his, her, or their attorney or attomies thereunto lawfully au«
thorized, by writing under bis, her, or their hands and fealsv to
be attefted by two or more credible witnefles; and that the per*
fon or perfons, to whom fuch transfer (hall be msule, do under-
write his, her, or their acceptance thereof; and that no other me*
thod of afligning or transferring the faid ftock, and the annur-
ties attendii^ the fame, or any part thexeof, or any intereft
therein, ihall be good or available in law.

LVIII. Provided always, That any perfpn or perfons pofleff* ^o^k wirb
cd of fuch ftock^ with the annuity or annuities attending the f]l"jj|^?,'"*'^
fame, or any eftate or interefl therein^ may devife the fiimeby ^T!'*^'.'
will, in writing, attefted by twoKHr more O-edible witncfTes; but the i»4H beiiir
that fuch devifee (hall receive no payment thereupon, tUnb entcivdiji tlie *
much of the faid will, as relates to the (aid ftock or annuity^be office,
entered in the faid office; and in default of fuch transferor
devife, the faid ftock arid annuities attending the fame, (hall go j^^ g^mm x- •
to the executors x>r adminiftrators; and that no (bmp dutite dutietST^^i;^
vrhat(bever (hall be charged on the faid transfers, or any 'of traosferi.- . •'!
them; any other law orftatute to the contrary notwithftand* • •'*

ing. •'.... ■ ■■ -. ■-•■• "■;;:;

LIX. Provided always, and it is hereby ehaAed by the autho>* ^^^Jk t aU ';
rity aforefaid. That tlve (aid governor and company of the bartfc ^ea^^orj^

icorpo^
ration, with all the powers, privileges, and advantages thm-
unto belonging, for the purpoles in this ad expileiled, tilt all
the annuities to be purchafed on thisafi (hall be redeeoied' by
parliament, according to the proviib herein after contained m
that behalf; and the faid governor and comoany, or any mem-
bers thereof, ftiail not incur any difability for or by reafixi of

their doing any matter or thing m purCuance of thit aiEi.

LX. Provided always, and be it ena<ftcd by the autb^ltV '^'^^^"'^^*
aforefaid. That the commi(rioners of the treafury, or any thrte fitJ^" ^Jcik^

or more of them now being, or the high treafurcr, or any f hrfee Sw.
or more of the commiflTioncrs of the tmfory for the time beiftf:,
(hall have power, and they are hereby authorized out of the
faid feveral rates and duties by this ad granted and appropriate
as aforefaid, to reward the officers and clerks xrf the faid exche-
quer, that fliall be any ways employed in the execution of this
aA, in relation to the annuities, to be payable at the faid re-

ccipt

430 Anno dedmo none GsoRait n. cii. {174&

ceipt, as herein .after mentioned, for their labour, pains, an4
fervice therein refpetflively, and to difcharge all fuch incident
jcharges, as (hall ncceflarily attend the cji^cution of this at^, ia
fuch manner, ais to them (hall feem juft and realbnable; and
alfo to fettle and appoint.fugh^Qwances, out of the cootribu-
tipns to the lottery aforefaid, as the^ (hall think juft and rea-
fonable, for the fervice, pains, and labour pf, the. receiver or re-
- ..ceivers of the contributions to the.faid Iptteiy, forrcccWingand
accounting. for the (ame; s^s alfo for the &rvice, pains, and
labour of the caihier or ca(hiers of the gQvernor aiid ootvf pai^
.of the bank of Enghnd^ for receiving and accounting for the
contributions to the annuities granted hy this acEb; and al(b fuch
further allowances, out of the feveral rat^s and duties by this
ad, appropriated, as they (hall think juft ^nd reafonable, for re-
ceiving, paying, and accounting for therfeveral and reljpeditt
annuities, payable in refpedt thereof; and alfo. for the , fervice,
fpains, and trouble of the accomptant general of the Cud gover-
nor and company, for, performing the duty.and truft mcumbent
Ciio«t.aiid on him by this.a<5t ; all which allowances hereby impowecedto
.allowancet at be made as aforefaid, in refpeA to the fervice, pains, and la-
the haSc^ of any officer or officers of the faid governor and company,
(ball be for the ufe and benefit of the faid governor and com-
pany, and at their difpofal on]y ; any thing herein contained to
the contrary notwithftartding.
Manner of re* LXI. Provided alfo, and it is hereby enadled by the autho-
•deenung the rity aforefaid. That at any time upon one year's notice to be
annuities. pnnted in thp London Gazette^ and affixed upon the jRojal £jr-
ihafige in London^ by authority of parliament, at any of the half
yearly feaftdays, for payment of the (aid refpedtive annuities, gr
cither of them, and upon repayment by parliament^ of the re-
fpedtive principal fums, for which the laid refpedive annuities,
or either of them, (hall be paj^ahle to fuch refpe<5live pedbos
or corporations, as (hall be intitled to the fame annuities, and
alfo upon full payment of all arrearages of the fame annuities;
then, and not till then, the faid refpevStive annuities (hall ce^
luid determine, and be underftood to be redeemed ; and firoo
and after fuch redeniption, the monies arifing from the faid (e-
veral rates and duties, (liall not be iflued or^applied to any uie
or purpofe, but as (hall be directed by future zQl or adts ot par*
liament, except fo much monies of the faid feveral rates and
duties, as (hall be fufficient from time to time to fatisfy and psy
the feveral and refpedive annuities by this z& herein after made
. payable at the receipt of exchequer, to the feveral contributon
to the lottery before mentioned, or their .a(figns, xluring their
lives, or the lives of th^ir refpeAive nominees, in manner her^
in after directed ; any thing m this or any former zSt or ads of
What (hall be P^t-liament to the contrary notwithftanding ; and. that any voce
a fuiBcient or refolution of the houfe of common^ fignified by the fpeaktf
sKKice. in writing, to be inferted in the London Gazette^ and affiixed oa
the Royal Exchange in London as aforefaid, (hall be dcrnied a(id

adjudged

174^.1 Anno decimo nono Georqii IL c it. 431

adjudged to beiiifficient notice, within the words and meaning
of this adt.

limitation of ikiet of chtnces, &c. Office-Jceepert pablifliing fchemef re-
lating to tickcto not in tbeir own pofleiDon, to forfeit 500L and be im-
l^fdned 3 mondM. EXF.

LXIV. And fane the greater encouragement of perfons to be- Encourage-
come contributors to the lottery herein before mentioned ; be ment for con-
it further cnaacd fcy the authority aforefaid. That all and every tributors to
the perfon and perums who ihall advance and pay unto fuch re- Jo^Jf^
ceiver or receivers, to be appointed as aforefaid, at or before
the refpedtive days and times, and in the refpefiive proportions
herein before diredted, the principal Aim of one hundred pounds
for the purchafe of ten tickets in the faid lottery, (hall^ for or
in reipe<5t of the laid principal fum of one hundred pounds lb to
be advanced and paid, be intitled to have and receive, at tho
receipt of his Ma^efty's exchequer, during his, her, or their
own life, or the life of fome other peribn to be nominated by
him, her, or them, or by his, her, or their afliens, an annuity
of nine pounds, being computed after the rate of eighteen (hill- ^^^\^
logs ptr annum for each ticket, and lb in propcHtion for any '

sreater number of tickets to be contributed for by any fuch per-
fon or perfons (over and above the annuity of four pounds ptr befidei 4!./^
iintum per annum^ before by this z& made payable at the bank ctMi.ptrsm.
of England to fuch contributor) which fiud refpeAive annuity
or annuities to be paid at the exdiequer as afordaid, (hall com-
mence from the feaft of the nativity of Saint John the baptift,
which (hall be in the year of our Lord one thouiand feven hun-
dred and forty fix, and be paid and payable to fuch contributor
or contributors, or his, her, or their aflign or alfigns, at the
times, and in the manner herein after mentioned ; and the fiiid
receiver or receivers is and are herebv directed and required, as ^ certificate
fcon as he or they (hall have received from any fuch contributor ^® ^i'^^^^^
or contributors, one moiety of the (everal fuou by them refpec- ^^^ ^ ^

lively intended to be advanced, for the purchafe of ten tickets^
or more, in the faid lottery, as aforefaid, forthwith to give fuch-
contributor or contributors, or his, her, or their afligns, a cer-
tificate or certificates, figned by him or them (direded to the
auditor of the receipt of his Majeftv's exchequer) to be printed
or written upon cheque paper, ana cut out indentwile through
feme flouridi or device, to be contrived by the (iiid receiver or
veceivers, conuining the nances, fumames, places of abode, and
other additions of fuch contributor or contributors, or his, her,
or their ^afiigns, together with the annuity payable to them in
refpedt of the principal fums advanced by them for the purchafe
of fuch tickets, computed after the rate of eighteen (hilling per
snnum for each ticket, in manner herein before mentioned

i which faid certificate or certificates (hall be afllignable, by in- afligni^le be*
orfement thereupon to be made, and wttnelTed l^ two perfons, fora Dec* %o]
at any time or times before the twentieth da^ of DianAir^ one i74^«
thouiand feven hundred and forty fix) and m order to prevent
the auditor of the laid receipt from being impoled upon by any

coimterfeit

43ft Anno decimo none Georgii II. cii. {1741.

Goanterpartof counterfeit or forged certificate or certificate9» the faid receiver
^e^oes of ill Qj. receivers fhall, and they are hereby direiSted and required to
I^^J^^JJJ^^^ tmnfmit to the aqditor of the receipt in the fiud exchequer (n
the exche- foon at th^ faid whole fum of five hundred thoufand poundsi
quer. by this adt intended to be raifed by way of a lottery, (ball be

aavanced and paid to him or them) the counterpart of the
cheques of all the certificates given by him or them to fiich
contributors as afore(aid ; upon which faid counterparts of the
faid cheques (hall be expre(]ed the number of each certificate,
the contributor's name^ and the annuity contained therein.
A book of the. LXV. And it is hereby further enaded by the autboritf
names of con- siforefaid. That the &id receiver or receivers (hall alfo» withia
t"bc'^t to^' fourteen davs after the faid twenty firft day of Offober^ one thou-
the exdbe- ^^"^ itMtn hundred and forty fix, tranfmit to the auditor of the
quer. faid receipt of exchequer, a oook fiiirly written on paper, ^;iied

by him or them, containing the names of the feveral contnbo-
tors, towards raifing the faid fum of five hundred thouiand poundi
by way of lottery as aforefaid, the number of tickets fubfcribed
for by each fpch contributor, the principal fums by them r»>
fpetStively paid for the purchafe of fuch tickets, and the annuity
payable m refpedt thereof, at the rate aforefaid; to the end die
laid auditor may be thereby Satisfied, that the faid full and en*
tire fum of five hundred thou(and pounds, to be advanced ai
aforefaid, hath been paid to fuch receiver or receivers ; which
book (hall remain in the office of the auditor of the faidreoeipl
of exchequer for ever.
Certificatet to LX VI. And it is hereby further enaded by the authority
be changed for aforefaid. That all and every the contributor or contributors
Sndmbefore *fo''«f»'^» ^^ ^"ch other pcrfon or perfons as (hall be pofflbfled of
Dec. s5» 1746. ^^y ^"^^ certificate or certificates, by this ad direAed to be
* given by fuch receiver or receivers as aforefaid, (hall^ before the
twenty fifth day of Deamhir^ one thou£md fevcn hundred aod
forty fix, deliver, or caufe to be delivered, to the auditor of the
(aid receipt of exchequer, all and every the faid certificate aoJ
certificates aforefaid, to be excharxged for orders to be made
out in the manner hereafter mentioned ; and (hall alfo, at the
A life to be ^^'^^^ ixmt^ name to the (aid auditor his, her, or their own or
named. fome other life, during which he, (he, or they, or his, her, or

their afligns, (hall be intitled to receive a dividend or (hare of
the yearly fund, hereafter diredted to be fet apart out of the fiikl
feveral rates and duties by this a£l granted to his Majefty at
P . aforefaid, on pain of forfeiting, not only the half-year's annai-

renaty. ^^^ which (hall become due and payable to fuch contributors,
or their aflfigns, on the faid twenty fifth day of Dtumbir^ one
thoufand feven hundred and forty fix (in refpedk of the pnnd-
pal fums by them refpeftively advanced as afore&id) but alfo
all fuch fublequcnt halt-yearly payments, as (hall become pay-
able to fuch contributors, or their afligns, until he, (he, or
they (hall have produced to the auditor of the (aid receipt their
refpedlive certificates to be exchanged for orders as afore(aidi
any thing herein contained to the contrary notwithftanding.

LXVn.ADd

174<J] Anno declmo nono Georgii II. g. 12: 433

LXVIL And it is hereby further ena<5^ed by the authotiryExchecjueror-
aforcfaid. That the auditor of the faid receipt of exchequer ^^^^» '" *'*'^
lhall» as foon as conveniently may be, after fuch certificate or UJ^c out?
certificates (hall be delivered to him, caufe fuch and fo many
order or orders for payment of fuch annuities to be made out in
exchange for fuch certificate or certificates, as (hall be defired
by the faid feveral and refpeclive contributors, or their afligns,
taking care that the annuity or annuities made payable by fuch
refpeclive order or orders, do not exceed in the whole the an-
nuity or annuities fpecified and expreflcd in fuch certificate or
certificates, in exchange for which fuch order or orders fhall be
fo made out as aforeTaid ; which faid order or orders fhall be
made out upon vellum or parchment, and fhall contain the
nameS) furnames, and places of abode, and other additions of
the refpeftive contributors, or their afligns, and of their nomi-
neeii, and alfo the annuity payable during the life of fuch no-
minees to be appointed as a'forefaid, out of the yearly fund
herein after directed to be fet apart for that purpofe ; and all
fuch orders fhall be figned by the commifTioners of the treafury,
or any three or more of them, or the high treafurer for the time
bttrigj and after figning thereof, the fenne fhall be firm, good,
iralid, and efFedtual inlaw, according to the purport and true
oieanmg thereof, and of this aft, and fhall not be determinable
by or upon the deaths or removals of any commiffioner orcom-
cniffioners of the treafury, or high treafurer; nor (hall they, or
iny of them, have power to revoke, countermand, or make
/Old fuch orders fo figned as aforefaid.

LXVIII. And it is hereby enafted, That in the offices of the Books to be
auditor of the faid receipt of exchequer, and clerk of the pells ^^P'J'Pjhc^f-
revcrally, there fhall be provided and kept one or more book j.J^^q^*^^||j***"
>r books, in which fhall be fairly entered the names of all fuch clerk* of the
:ontributors, and their nominees* during whofc lives rcfpecJ- pells,
:ively, the feveral dividends of the faid yearly fund hereafter di-
rcRed to be fet apart, fhall be payable at the times when the
fame (hall be nominated as aforefaid; to which books it fhall to be infpe£(.
be lawful for the refpeftive contributors, their executors, admi- ed by contri-
niftrators, or affigns, from time to time, to have relort, and to ^"^o**** •
infpeft the fame without fee or reward. /

LXIX. And it is hereby further enafted by the authority Yearly fund
aforefaid. That out of the monies arifing by virtue of this aft, of 45,000!. for
there (hall yearly and every year be feparated and kept apart, at pj'yJng annui-
rhe faid receipt of exchequer, the fum of forty five thoyfand "^'
pounds ; which faid fum of forty five thoufand pounds fhall be,
and is hereby declared to be, a yearly fund for anfwering and
paying the annuities aforefaid ; and fhall yearly and every year,
be equally divided amongd the faid contributors, their execu-
tors, adminitlrarors, or alligns, during the lives of their refpec-
tive nominees, in proportion to the principal fums by them ad-
vanced, by two equal half-yearly payments ; that is to fay, at
the feaft of the birth of our Lord Chrift, and the nativity of Times of par-
Saint Jchn the baptifl ^ the firft payment thereupon to be made ment.

Vol. XVm. Ff at

43^ AnnodccimononoGEORGii IL c. i2* [1746.

Sharet of an- at the feaft of the birth of our Lord Chrift, one thouiand fcvcn
nuities to hundred and forty fix; and upon the death of every fuch no-
atnominces. n™i"^» the (hare of the faid fund, which was payable during

his or her life, (hall ceafe and determine.
Orders tranf- LXX. And be it further cna(5ted, That it (hall and may be
feriable. lawful for any contributor, or his, her, or their executors, ad-
minidrators, or affigns, at any time during the lifie of his, her,
or their refpedtive nominees, by proper words of aflignment to
be indorfed on his, her, or their order, to be witnef^d by two
perfons, to afiign or transfer his, her, or their right, title, in-
tereft, and benefit of fuch order or orders, to any other perfon
or perfons i which being notified in the office of the auditor of
To be rcgi. the faid receipt of exchequer, the officers there (hall caufe.an
ftcred with- entry or memorial thereof to be made in the book of regiftry
out fee. fQY fuch orders, without fee or charge ; and after fuch entry

made, fuch affignment (hall intitle fuch affignee, his her, or their
executors, adminiftrators, and affigns to the bene(it thereof, and
Aflignees may payment thereon; and fuch a(rignee may in like manner a(rjgn
afTign again again, and fo Uties quoties ; and afterwards it (hall not be in the
wusquotus. p^^gj. Qf fuch perfon or perfons, who (hall make fuch aflign-
ment, to make void, releafe, or difcharge the fame, or any mo-
nies thereby due, or any part thereof.
Infants, bcina LXXI. And be it further enacted by the authority afbre&id, J
^*"^\:*kT ^^^^ *" ^^^^ ^"y guardian or truftee, having the difpofal of the
and nominees ^^^^Y ^ ^"Y infant, (hall, in purfuance of the power herein
intitled to the before given to him or them in that behalf, have advanced and
benefit. paid to fuch receiver or receivers as aforefaid, any fum or fums

of money of fuch infant for the purchafe of ten tickets, or more,
in the faid lottery, in manner therein dire<5ted, and (hall there-
upon, within the time herein before appointed for naming of
lives, name the faid infant to be a nominee, fuch infant, upon
payment of fuch fum or fums of money, (hall become a con-
tributor within the meaning of this aa, in fuch manner and
proportion as anv other contributor ; and the iaid guardians and
trudees, as to tne fum fo advanced by them, are hereby dii-
charged.
Abfent rtoroi- LXXII. And for preventing all firauds in receiving any (hare
neestobecer- of the yearly fund hereby appointed to be fet apart as aforefaid;
tificd living } jjg 5^ further enacted by the authority aforefaid. That every con-
tributor, his, her, or their executors, adminiftrators, a(Cgns, or
agents, upon their demanding any half-yearly payment of his,
her, or their refpec^live (hares of the faid yearly fund f unlc& tbc
nominee appear in perfon at the faid receipt) (liall produce a cer-
tificate of the life of his, her, or their i'efpedive nominee, figned
by the minifter and churchwardens of thepari(h where fucb no-
minee (hall be then living upon the day when the ftid half-year*
)y payment (hall become due (if fuch nominee (hall be thcnit-
Tiding in that part oi Great Britain called England, donninionof
ff^dleSy or town of Berwick upon Tweed) or otherwife it (hall atod
may be lawful to and for every fuch contributor, his, her, or
their executors, adminiArators, or alTigns, at hiSj her, or their
' eleaioib

I

174^.] Anno decimo nono GsoRGii II. c. itl 435

ele«^ion, to make oath of the truth of his, her, or their refpcdivc
horainees life, upon the day when the faid half*ycarly payment
(hall become due, before one or more juftices of the peace of
the refpedive county, riding, city, town, or place, wherein fuch
perfon, at the time ofmalung fuch oath, ihall refide; and in or oath made^
like manner, every fuch contributor, his, her, or their executors^ ^^*
adminiftrators, afligns, or agents, whofe nominee (hall refide in
any town or place, being extraparochial, upon the day when any
of the faid half-yearly payments (hall become due, (hall make a
like oath before any fuch juftice or jufiices aforefaid, of the life
of fuch nominee on that day (which oath the faid juftice or ju-
ftices are hereby impowered to adminifter) and fuch judice or
juftices (hall make a certificate thereof, for which oath and cer-
tificate no fee or reward (hall be demanded or paid ; and the faid
certificates (hall be filed in the office of the auditor of the faid
receipt of exchequer; and if any perfon (hall be guilty of a falfe Penalty on a
oath, or fliall forge any certificates, touching the premifies, and J?^^*^ ^*^**» ?^
be thereof lawfully convidted, fuch perfon mail incur the pains [^tf. ^*^'*^*
and penalties to be inflicted upon perfon s who (hall commit wil-
ful perjury and forgery; and in cafe any nominee (hall, at the
time of fuch demand, be refident in that part of Greai Britain
called Scotland^ or in the kingdom of Inland^ and any one or
more of the barons of the Exchequer there, for the time being,
ihall cenify that, upon proof to him or them made Twhich
proof he and they is and are hereby authorized and required to
take in a fummary way) it doth feem probable to him or them,
that the faid nommee is living (which certificate is to be given
on examination made, without fee or charge) the faid certificate
being filed as aforefaid, (hall be a fufficient warrant for making
the laid half-yearly payment to the refpedive contributors, their
executors, adminiftrators, or afTigns ; and in cafe any fuch no- Nominees be-
xninee (hall, at the time of fuch demand, be refident in any parts yo"d ^as to
beyond the feas, the proprietors of all fuch orders, or tneir a- jivi^l"^^
gents, (hall produce certificates of the life of his, her, or their
rcfpeiftlve nominees, under the hand of the Britijh minifter re-
iidingat the place where any fuch nominee (hall be living, upon
the day when the faid half-yearly payment (hall become due;
and in cafe xio Britijh minider (hall refide at the place where any
fuch nominee (hall live, then the faid proprietors of fuch orders,
dr iheir agents, (hall produce. a certificate of the life of his, her,
or their refpedtivc nominees, under the hand and feal of the
chief magiftrate of any city^ town, or place, where any fuch no-
minee (hall be then living, upon the day when the faid half-
yeairly payment (hall become due as aforefaid ; and every fuch
agent or agents (hail alfo annex to every fuch certificate, an af-
fidavit to be made by him or them, before one or more of the
barons of the Exchequer^ that he or they do believe that fuch
certificate is true; which certificate being filed as aforefaid,
(hall be a fufficient warrant for making the faid half-yearly pay-
ment to the refpedive contributors, their executors, adminiftra-*
tors^ or affigns \ and if any perfon or perfona (hall receive one Penalty on re-

p f 2 or living an ao^

436 Anno dicimo nono Georgii II. c. 12. [ijA^.

jiuity after the of inore half-yearly payments upon his, her, or their annuity or
death of a annuities, for any time beyond the death of his, her, or their
nominee. nominee or nominees, when the fame ought to ceafe, fuch pcr-
fon or perfons (hall forfeit treble the value of the monies fo bj
him, her, or them received, and alfo the fum of five hundred
pounds ; the moiety whereof (hall go to his Majefty, his heirs
and fuccefTors, ana the other moiety to him or them that wWl
fue for the fame, by adion of debt, bill, fuit, or information;
in which no cflToin, protedtion, privilege, wager of law, injunc-
tion, or more than one imparlance (Rail be allowed.
Notice to be LXXIII. And be it further enadted by the authority afore-
given on the faid. That every contributor, his, her, or their executors, ad-
death of a no- miniftrators, or a(figns, within one month next after notice of
minee. ^^^ death of his, her, or their rcfpedive nominee or nominees,

(hall certify fuch death to the auditor, of the faid receipt of ex-
chequer for the time being ; and (hall alfo within three months
after fuch' notice, deliver, or caufe to be delivered up to the faid
auditor, his, her, or their order or orders, by which he, (he, or
Penalty on thcy was and were intituled during the life of fuch nominee, to
default. g„y (]^2^g Qf ji^g fjjij yearly fund, in cafe fuch order and orders

be in his, her, or their hands or power; and in default thereof,
fuch contributor, his executors, ad miniftrators, and affigns,
(hall forfeit the fum of ten pounds ; to be recovered by aaion
of debt as aforefaid, and to be had and received for the ufe of
any perfon who (hall fue for the fame.
Annnitiesfrce LXXIV. And be it further enabled by the authority afbre-
from uxcs. faid. That all the annuities payable to fuch contributors out of
the faid yearly fund, (hall be free from all taxes, charges, and
impofitions whatfocver.
New orders LXXV. J7td whereas it may fo happen, that in procefs eftim^
in what cafci feviral of the faid Jianding orders may be loft, burnt ^ or deftroyed, tr
*°^ ™*^* may become defaced, obliterated, or incumbered mth many ajpgmmii
^ ' endorfcd thereon, and it may be necejfary that new orders JboM h

made forth in lieu thereof-, be it therefore enaded by the autHo«
rity aforefaid. That in all or any the faid cafes, any thm or
more of the commiflioners of the treafiiry now being, or the hi^
treafurer, or any three or more of the commi(rtoners of the trea-
fury for the time being, (hall, and thev are hereby impoweid
from time to time (upon certificate under the hand of the lord
chief baron, or any other the barons of the coif of his Maje^s
court ofExihefuer^thzt he or they are fatisfied by proof upon oaA
before him or them made, that any fuch order or orders have r
been loft, burnt, or otherwife deftroyed) to caufe new orders to
be made forth at the exchequer, to be (igned by him or thcfn,
in lieu of fuch orders fo certified to be lolt, burnt, or defb'oyed;
and the refpeaive officers in the faid exchequer arc hereby di-
redled to pay the intereft, which (hall from time to time become
due upon fuch new orders, as if the original order or orders had
been produced ; and all fuch payments (hall be allowed in their
refpedive accounts, provided that the perfon or perfons intitied
10 receive the intereft due upon any fuch order or orders, do pn

fecoriqr

1 746. j Anno dccimo nono Georgii II. c. 1 2 . 437

fecurity to the King, to the good liking of the perfon appointed
to pay the fame, to pay into the exchequer for the ufe of the
publick, fo much money as (hall be paid thereupon, if the or-
der or orders fo certified to be loft, burnt, or otherwife deftrov-
ed, be hereafter produced ; and the faid commiflioners of tne
treafury, or the high treafurer for the time being, (hall and are
hereby alfo impowcrcd to caufe new (landing orders to be made
forth, for and in lieu of fuch orders as (hall become defaced. Entries to be «
obliterated, or otherwife incumbered, as aforefaid ; which faid made upon
orders (hall be at the fame time delivered up, and cancelled, and ^^^ orden*
the new order or orders to be made out in lieu thereof, (hall be
made payable, and delivered to the perfon or perfons who (hall
appear to be the proprietor or proprietors of the (aid order or
orders fo to be delivered up, and cancelled at the time of fuch
delivery up, as aforefaid ; and the auditor of the receipt afore-
faid (hall always take care that fuch entries or memorandums be
made upon the faid new orders, as may denote their being made
in lieu of fuch defaced, obliterated, incumbered, or otherwife
defe(flive orders cancelled, and as may fecure the publick againft
any double payments, for or by reafon of the making out, or
iflfuin^ fuch new orders in manner aforefaid.

LaXVI. And for preventing all frauds and abufes in or a- Counterfeit-
bout the faid ftanding orders, or any afTignments thereof, or the ing of ordertt
receiving the annuities due or to grow due thereon ; be it en- ai^^menu,
a£led by the authority afore(aid. That if any perfon or perfons *«•
-whatfoever (hall forge or counterfeit, or procure to be forged or
counterfeited, or knowingly or willfully adt and zfTifi in the
forging or counterfeiting any certificate or certificates to be given
by fuch receiver or receivers, or any order or orders, to be made
forth in lieu thereof, in purfuance of this prefent adt, or any af-
fignment or a(rignme|it6 of fuch order or orders, or of the an- _.
nuities payable thereon, or of any receipt or difcharge to the
exchequer, for the annuities due or to grow due on any fuch
order or orders, or of any letter of attorney, or other authority
or inftrument, to transfer, affign, alien, or convey any fuch or-
der or orders, or to receive the annuities due or to grow due
thereon, or any part thereof, or (hall forge or counterfeit, or
procure to be forged or counterfeited, or knowingly or wilfully
zA or aflift in the forging pr counterfeiting any the name or
names of any of the proprietors of any (iich order or orders, in
or to any fuch pretended afCgnme^t or aflignments, receipt,
letter of attorney, inftrument or authority, or (hall knowingly
or fraudulently demand, or eqdeavour to have or receive any
fuch annuity or annuities, or any part thereof, by virtue of any
fuch forgedf or counterfeited receipt, letter pf attorney, certifi-
cate, inftrument or authority, or (hall falfly and deceitfully jper-
Ibnate any true and real proprietor or proprietory of any of^the
faid order or orders, and thereby aflign or endeavour to affign
any of the faid order or orders, or receive or endeavour to re-
ceive tlje money of fuch true and lawful proprietor, as if fuch
offender were the true and lawful owner thereof s then^ and m

Ff3 every

438

Felony.

No fee for re-
ceiving con-
tributions,
payine annul*

Penalty on
mifappUca-
tionof mq-

Ca(et exempt
firom penalty.

Peficiencitt
to be made

Anno dccimo nono Georgii II. c. i2. 1^74^-

every fuch cafe, all and every perfon and pcrfons being thereof
lawfully convicted in due form of law, (liall be adjudged guiity
of felony, and (hall fuffer as in cafes of felony, without benefit
of clergy.

LXX VII. And be it further enadlcd. That no fee, reward,
or gratuity whatfoever, (hall be demanded or taken of any of his
Majefty's fubje<51s, for receiving or paying the faid contribution
monies, or any of them, or for paving the faid feveral annuities,
pr any of them) or for any trans(er of any fum, great or fmall,
to be made in purfuance of this aA, upon pain that any officer
or perfon offending, bv taking or demanding any fuch fee, re-
ward, or gratuity, ftiafl forfeit the fum of twenty pounds to the
party aggrieved, with full cofts of fuit ; and that all receipts and
iflTues, and all other things directed by this zSt to be performed
in the exchequer, (hall be done and performed by the oflBcers
there, without demanding or receiving, dire(5tly or indiredliyt
any fee, reward, or gratuity for the fame; and in cafe the offi-
cers of the exchequer (hall take or demand any fuch fee or re*
ward, or (hall mifapply or divert any of the monies to be paid
into the exchequer upon this ad, or (liall pay or ifRxc out of the
fame, otherwife than according to the intent of this a6V, or (halt
not keep fuch books orregifters, or make entries, and do and
perform a]l other things which by this a6l they are direAed and
required to do, and perform, every (uch officer (hall forfeit Ms
place, and be for ever after incapable of any office or place of
truft whatfoever, and (hall anfwer and pay treUe coils or ftik tQ
any contributor, or perfon claiming under him, that will fue fer
the fame; to be recovered by a«5Hon of debt, bill, plaint, or iii-
iformation, in any of his Majefty's courts of record at ffyimia^
JleTy wherein no eflbin, protedion, privilege, or wager ef la«i
injunction, or order of reflraint, or any more than one in»par«
lance, (hall be granted or allowed ; and in the faid a<5tion 4h«
plaintiff, upon recovery, (hall have full cofts of fuit ; one third
of which fum (hall be paid into the faid receipt of exchequer, fa
the benefit of his Majefty, his heirs and fuccttCorsy and tiie (H
ther two thirds (hall be to and for the ufe of the profecutor. '
LXXVIII. Provided always, and be it ena^ed. That in cafe
any officer of the exchequer (hall make payment of any fliare.or
fliares of the faid yearly fund of forty five thoufand pounds, by
this ad directed to be let apart for the purpofes aforefaid, upon
any fuch ccrtifiAte or certificates as aforefaid, fuch officer (hall
not incur any penahy, forfeiture, or difability, or be liable te any
aftion of the contributors for doing thereof, though the faid cer-
tificate be forged or falfe, or the faid nominee be dead, u^kb
jhe faid ofiicer did know at the time of fuch payment, that tte
faid nominee was dead, or that the faid certificate was fore^ or
falfe. '

I^XXIX. And it is hereby ^atfled by the authority afore*
faid. That if at any time or times the produce of the faid feve-
ral rates and duties (hall happen to be io low or deficient as that
the monies i^rifing thcrefirom into the exchequer, (^1 oot bt

fuffi-

1 746.] Anno decimo nono Georgii II. c. 1 2. ^ 439

Sufficient to pay and difcharge the fcveral and refpcdive annui-
ties, and other charges direded to be paid thereout, at the end
of any or either of the refpedtive half-yearly days of payment, at
which the fame are hereby diredted to be paid, then, and fo of-
ten, and in every fuch cafe, fuch deficiency or deficiencies Hiall .
and may be fupplied out of the overplus monies, that (hall pj^, Qionies '
or may happen to arifc and be paid inro the exchequer in any
of the fubfequent half years, as the faid refpedtive annuities (half,
from time to time become due and payable, and in cafe fuch o\fer-
plus monies fliall not be fufficient to fatisfy deficiencies hereby
intended from time to time be paid thereout, that then, and in '

every fuch cafe, the deficiencies fo from time to time happening,
(hallj from time to time, be anfweredand made^ood by and out of ^^^ ^^^^ f„p^
the firft fupplies which ihall be granted in parliament next after plies,
fuch deficiencies fhall appear ; and in cafe no fuch fupplies (hall
be granted within fix months next after fuch deficiencies (hall
happen, then the fame (hall be made good out of any of the
monies which at any time or times (hall be or remain in the
receipt of the exchequer, of the furpludes, excefies, or overplus
EBonieSy commonly called The Sinking Fund (except fuch monies or finking
of the (aid finking fund as are appropriated to any particular u(e ^^^^ ^
or ufes by any former a& or ads of parliament in that behalf)
an4 foch monies of the £ud (inldng fund (hall and may be from
time ta time ifiued and applied accordingly; and if at any time
or tinoes before any monies of the feveral rates and duties here^
by>. granted (hall be brought into the exchequer as aforefaid,
tb€re ftiall happen to be a want of money for paying the fevfral
aanuities aforefaid, which b^ adually incurred and grown due
at any of the faid half-yearly days of payment before mentioned,
that then', and in every fuch cafe, the money fo wanted (hall
and ipay be fupplied out of the monies of the (aid finiung ^d
(except as before excepted) and be KTued accordingly.
r.-IrXXX. Provided always, and be it enaded by the authority ^^ y^ ^^
i^orefaid. That whatever monies (hall be fo idued out of the pUcedoutof
iiakk^ fund, (hall from time to time be replaced by and out of the ne:cc fup.
the firft fupplies, to be then after granted in parliament. phes.

Vi.LXXXI. Provided always, and be it enaficd by theautho- Surplus mo-
liiy aforefaid, That in ca(c there (hall be any furplus or re- nicitobcdif-
OFHiinder of the monies arifing from the faid feveral rates and du- P^*||^ ^^^^
tie*, after the faid feveral and rcfpedtivc annuities, and all arrears P**^"*"*^" •
fhj^reof are fatisfied, or money fufficient (hall be refervcd for that
purpofe, fuch furplus or remainder ihall, from time to time,
be referved for the difpofition of parliament, and (hall not be
iflfued but by the authority of parliament, and as fhali be di-
rected by future a<5l or a(5ls of parliament ; any thing in any
former or other adl or adts of parliament to the contrary not-
withftanding,

LXXXII. And it is hereby enafled by the authority afore- General iilUe*
faid. That if any perfon or perfons (hall, at any time or times,
be fued ,or profecuted for any thing by him or them done, or
executed in purfuance of this adt, or of any matter or tiding in

Ff4 tUt

Treble cofts.

iSGeo.x.c.f.

440 Anno decimo nono Georgii II. c. 12. [1746.

this a(5t contained^ fuch perfon or pcrfons (hall and may plead
the general iiTue, and give the fpecia) matter in evidence for his
or their defence ; and if, upon the trial, a verdi<5l Ihall pals for
the defendant or defendants, or the plaintiff or plaintiffs ihail
become nonfuited, then fuch defendant or defendants (hall iuve
treble cods to him or them awarded againil fuch plaintiff or
plaintiffs.

LX XXIII. jfnd Tjuhireas by an a^ of parliament paJJii in thi
eighteenth year of his Miijejl/s reign , fintitukd^ An adt for grant-
ing and continuing, the duties upon ialt, and upon red and white
herrings, for the further term of (ix years; and for declaring
that the duties on fait which arife and are payable in that pan
of Great Britain called Scotland^ (hall be fubjeft to the bmt
charges thereon, as the fame duties were liable to by the ad of
the ^fth year of the rciirn of his late majefty King George the
■Firft,) thefum of one million was advanced and lent en eredft tftte
/aid duties^ for which orders were ^reQed by the faid a£i te hiiaedi
out at the receipt of the exchequer (upon producing the proper, reteifts
of the receivers of the faid fum oj one million) in the names efitt
contributors thereof or their afftgns^ payable in fuch courfe andnm-
ner^ as is therein directed ; wnich faid receipts were tebt drusdeik-
to ten cloffes^ and the courfe of payment of each particular tlaj^i was
to be determined by drawing lots before the commijfioners ofm Me-
jejlfs treafuryy or the high treafurer for the time being ; andwhenoi
fome doubts have art fen as to the method ofmakmg out fuch orders^ bj
reafon of the delay of fome of the contributors on the faid a^^ orthtir
affigns^ in bringing in their receipts to the auditor of the faid reteipt
Officer, of the of exAequtr to be exchanged j or orders asaforefaid^ be it therefore
txchequerto i^nacted by the authority aforefaid. That it (hall and. may be
lawful to and for the officers of the faid receipt of his Majeft^r's
eiujipquer, to make out orders in the names of the rc^^^^^
proprietor or proprietors, who (hall firft bring their rcfpedfoe
receipt or receipts to be exchanged for orders, to be payable
firft in courfe, within their refpeSive clafiis in which- fuchi»-
ceipt or receipts is or are contained \ and the orders to be alade
out for the receipts contained in the claffis 5rft in courfe of ^jf-
ment, (hall he numbered in an arithmetical progrefTion* b^O'
ning with N^ I. and fo on, afcending until all the orders ait
made out for the receipts contained in the faud claffis ; andtbe
like method Ihall be obferved in making out and numbering the
orders for receipts in each particular claffis, which IhaU aifo
begin with N*^ I. refpec5lively, and fo to be numbered in an ar-
ithmetical progreffion; and the faid orders fo to be made put
and numbered as aforefaid, (hall be regiftered and payable in
courfe.

LXXXIV. Provided always. That the officers of the faid
receipt of exchenuer fhall not incur any penalty or difability for
or on account ot their making out, numbering, regiftering, or
paying the faid orders in the courfe and manner herein before
direfled; any thing in the before retitcd adt to the Contrary
thereof in any vvifc ootwithftanding,

CAP.

make out or
r'TJi on the
t;i.- Hufy in
tiic» proprie-
tors pa met,
v»o iball liift
jbrin^tl^
receipts. •

Proviib. '

iyiS.'] Anno decimo nono Georgii IL c« 13, 14. 441

CAP. xm.

^n ail to enlarge the time for jufiices of the peace to take
and fubfcribe the oath direiled by an all made in the lafl
feffion of parliament^ intituled^ An ad: to amend and
render more effeftual an a6l pafled in the fifth year of
his prefent Majefly*s reign, intituled, yln ail for the
further qualification ofjuJHces of ihe peace.

WH E R E' A S *y tf /I tf ^ paffid in the lajl fejfm rf parliament^ 5 Geo. «•
intituled^ An adt to amend and render more effedual an c. iS.
a<5t pafled in the fifth year of his prefent Majefty's reign, inti-
tuled. An ail for the further fuaiificaticn of jufiices of the peaces it
is^ amon^ other things^ enaHed^ That no perfon (except fucb as are
' therein excepted) fhall^from and after the twenty fifth day ^March,
one tbovf and f even hundred and forty fix ^ be capable of being ajufHce
tfthipeace^ or of ailing asfueh^ for any county ^ ridings or divtfion^
ttfitbin that partofGrtzi Britain called England, or the principality
^ Wales, who ^11 noty before the faid twenty fifth day of Mzxchy
■jcr before he takes upon bimfelf to aif as a jufiice of the peace ^ after
'the faid twenty fifth day y March, at fome general or quarter
' f^Jitmfor the county^ ridings or divifion^ for which he does or JkaU
inund to aHyfirft lake and fubfcribe the oath in the faid aHfetfortb^
' ^ fender the forfeiture in the faid ail mentioned: and whereas Jevcral
jufiices of the peate may^ by reafon of various accidents^ negleU or
' omit to take and fubfcribe the fatd oath, before the twenty fifth day
March, one thoufand feven hundred and forty fix : Now to prevent
./ahf iDConveniencies that may happen by reafon of fuch ne^leA
: 'or omiffion, be it en^ded bv the Swing's moft excellent Maiefty,
by and with the advice ana confent of the lords fpiritual and
. temporal, and comifions, in this prefent parliament aflem-

bied^ and by the anthoritv of the fame. That every juftice of j,|(Heet allow*
: the peace who has not taken and fubfcribed, or fliall not take ed to »oNov.
4Hid fubfcribe the faid oath, before the twenty fifth day of'Ti^ttoqoa-
'LAdiirAft, one thoufand feven hundred and forty fix, according to l^ them-
-the dire<5lion of the faid a<ft, may ncverthelefs continue to zSt ^'***
as a jufiice of the peace, until the twentieth day of November^
'Dne thoufand feven hundred and forty fix, without being liable
to, or incurring any penalties or incapacities, for not taking or
: fabfcribing the faid oath within the time by the faid adt pkt«
fcribed.

CAP. XIV.

^H ail to continue the duties for encouragement of the coin-
age of money.

MAY it pleafe your moji excellent Mcnefiy^ whereas great be-*
nefit and advantage did accrue to England, by one ait of par-'
liament pafled in the eighteenth year of the reign of his majefij King ,$ Car. %.
Charles the Second^ intitukd^ An adt for encouraging of comage; c. 5.
eind csntinued by another ail made in the twenty fifth year of the
retp of his faid majejly King CharleS) intitukd^ An adt for conti* %$ Gar. %.

nuing ^« *•

1 Jac 1. c 7

4W. &M.
c.»4-

iz wm. 3.

C II.

xG€0«l.C.^

442 Anno decimo nono Georgii II. c. 14. [1746.

nuing a former z6\ concerning coinage ; both which /aid a^s were
revived by an gH made in the firfl year of the reign of his ma-
jejiy King Jannes the Second \ and zvere continued by an ait made
in the fourth year of the reign of King William and ^ueen Mary
tf ghricus memory ; and were further continued by etn oSl mail
in the tivelfth year of the reign of the faid late King William ;
and were further continued by an a£f made in the feventh ye^r
7 Ana. Q.%^ of the reign of her late majejly ^ueen Anne of bleffed menjcry^
and then extended to Scotland ; and vjere further continued by an
a& made in the firjl year of the reign of his late majefiy KingGcorgt
the Firjl of glcrious memory^ to be in force for feven years from tbc
firfi day of March, one thoufand feven hundred andjifteen^ and un-
til the end of the fir ft fejp.on of parliament then next following ; and
were further continued by another a£i made in tlye ninth year of his
I Geo. I. C.I 9. y2r/^ late Majejlfs reign ^ for fevcn year s^ from the firji day sf
MaVch, me thoufand fcven hundred and twenty three^ and until the
end of the firfl fcjfion of parliament then next following \ and wen
4Gea ». e^w* further continued by another aff made in the fourth year of the reigu
tf his prefent Majefiy^ for feven yearsy from the fir li day ^ March,
one thoufand feven hutidreiand thirty ^ and until the end of the firjl
fejfion of parliament then next following j and were further cantinuei
i» Gea %, bf another aff made in the twelfth year of the reign of his prejent
c. 5* Majefiy y for feven years ^ from the firft day of March^ one thoufand

feven hundred and thirty eighty and until the end of the firft fejfi.w
of parliament then next following ; fo that uulefs the faid ail be ctn-
tinuedy the encouragement given thereby y will ieafe^ and this king-
dom be deprived for the future^ of fo great a good^ as it hath f:r
many years la ft pa ft enjoyed:' now we your Majefty's moft dutiftil
end loyal fubjc^s, the commons of Great Britain in parliament
aflembled, do give and grant unto your Majefty, the rates, du-
ties, and impofitions herein after mentioned, for and during
the term and tin-w herein after cxprefled; and do moft humbly
pray that it may be ena<5ted ; and be it enaded by the Kings
moft excellent Majefty, by and with the advice and confent of
the lords fpiritual and temporal, and commons, in this prefent
parliament aifembled, and by the authority of the fame. That
/uch and the like rates, duties, and impofitions, as by the faid
aft of the eighteenth year of King Charles the Second, were
granted, and by the faid fubfcquent ads were continued, for
•and upon the importation of wines, vinegar, cyder, and beer,
during the refpcciive terms and times therem mentioned, (hall
be further continued, and be paid and payable to his Majefty,
his beir^ and fuccelTors, for and upon alj wines, vinegar, cyder,
and beer, which ihall be imported or brought into Great Britainy
within or during the fpace of feven years, to commence from
arch, 1745. the firft day of March, one thoufand feven hundred and forty
five, and until the end of the firft feflion of parliament then
The former next following, and no longer; and that all the faid former
aih, and all afts, and all other ads of parliament concerning coinage, and
others relating gygj.y of them, and every claufe, article, and fentencc in them,
^c^commucd ^^ ^"Y ^^ ^^^^ contained^ now being in focce, (hall be, and arc

by

The rates.
Sec. by i«.

Car. a. and
by the faid
fubfequent
afts granted
upon impor-
tation of
wines, vine-
gar, 8cc, con.
tmutd for 7
years from i
M

r 746.] Anno dccimo nono Gborgii II. c. 1 5.— 19; 443

by virtue of this aft continued, and (hall be in force, and be for that term*
luly put in execution for and during all fuch time and term as ^^Z^^"^'
I're'bcfore mentioned, as fully and elfeftually as if the fame were gco. 2*c. 11.
particClarlv repeated and re-enafted in the body of this prefent ' * * *
aft ; any former law, (latute, provifion, matter, or thing what-
foever to the contrary notwithtlanding.

II. And to the end the importers of gold and filver into the
mints of England and Scotland rtfpt&iycly^ mzy not be difcou-
rag^d by any deficiency of the revenue by this aft fettled, for
defhiying the ^oinaee thereof; be it further enafted by the au- Treafurv to
thority aforefaid, Tnat it (hall and may be lawful to and for the defray the ex«
conimtffioners of the treafury, or any three or more of them peaces o^ the
now being, or the lord high treafurer, or any three or more of {JJ^ tmdS«i^
the commiffioners of the treafurv for the time being, and they land,
are herebv impowered and direfted, out of the monies arifing
by this a^^, or out of any other publick fupplies granted or to
be granted bv parliament, to caufe fo much money to be ap-
pli^, as (hall be necefTary for defraying the expences of the
Paid mints of Ef^lanJ znd Scotland refpc^ively, by way of im-
preft, and upon account for that fervice, (b as the fame, toge-
ther with the coinage duties arifing by this aft, do not exceed
in any one year, the fum of fifteen thoufand pounds, and fo as
the faid monies be ilTued otxt of the exchequer of Great Britain^
to the mafter of the mint in England^ and to the mailer of the
mint in Scotland refpeftively, for the (aid purpofes.

CAP. XV.

AsL wSt for CDabliiif the' inhabitants of the hamlet of Betbnal Green* in
the county of Middlesex* to oompleat their charch, and to pay debta
already contrafted for the relief q£ the poor of the faid hamlet.

CAP. XVI.

An aft for allQwine further time for inrdment of deeds and wills made
^ Mpifts $ and lor relief of proteftant porchafers, devifees, and lefleet*

D^ds and wills of papiAs made fince 919 Sept. 1717, and inrolled before
I Dec. 1746, to be valid. Purchafes made by proteftants, ^ce 19 6ept«
f^tyy not to be vacatcxt for want of inrolment of any deed, &c.

CAP. XVII.
An aft for continuing an aft of this prefent feffion of parliament, indtuled,
JmoB 19 impowgr bis Majefy to fecwn and detmn hub p*rfons as bis Ma^
iefyfiudl fojpeS are con^iritig agastrjl bis perfim anagovernnant. £ X F.

CAP. xvm.

An aft for enlarging the term and powers granted by an aft paffed in th^
twelfth year of the rdgn of his late maj^y King George the Firft, for
repairing the road from the city of Gtoocefter to Stone > and other
roads therein mentioned § and for m^ng the laid aft more eifec*
tnaL

The aB \% Gee, i. c. 24. eontinsudfir %\jears,

CAP. XIX.

An aft for enlarging the term and powers granted by an aft pafled in the
twdfthyearotthe veignofhia latt n^jefty Kinilg George the Pirfty /or

refairu^

w

444 Anno decimo nono Georgii II. c. 20,-21. [i74S«

npmringmid tnfarpng ibe road from Lk/nfooif to Prrfcot^ amd other r%oJs
therein mentioned^ m the county pedaiime of Lancafier\ and for aiiiei)4ing i
the road leading from Preicot to the chapel ot Saint Helen in tb^ laM
county.

Tbegd la Geo, i. c. ai. coniimiedfor xijears» *

CAP. XX.

jln aSl te indemnify fucb perfons as have aEled in defence of 1
bis Majejlfs psrfon and government^ and for the prefer- j
nation of the publick peace of this kingdom^ during the \
time of the prefent unnatural rebeliion ; andjberiffs and
otbersy who have fuffered efcapes occajioned thereby ^ from
vexatious fuits and profecutions. EXP.

H E R £ A S, during the unnatural rebellion y which begun in j
or about the months of ]u]y or Auguft, in the year onethcu' j
fandfeven hundred and forty fivc^ and flill continues ^ divers liiutt^
nantSj deputy lieutenantSy jujiices of the peace^ mayors^ bailiffs of
corporations^ con/labksj and other officers and perfons well affiled t»
his Majefly^ and his government^ in order to preferve our preftnt
happy ejlablifbmenty and the peace of this kingdom^ and to fuppnfs
and put an end to the faid rebellion^ apprehended^ and put into cu/l^
dy^ and imprifoned^ or caufed to be apprehended^ put into xunodj^
and imprifoneafeveral criminals^ andfeveralperfonsy who theyfufpcGd
might dijlurb the publick peace^ or foment or promote riots j tumuhi
rebellions y or evil iefigns againfi the government \ and alfofeized and
ufedfeveralhorfeSy arms^ and other things \ andalfo preffid diven
ior/esy cartSy and carriages ^ for the fervices of the publick ; and did,
for the purpofes aforefaid^ enter into the houfes and poffejjions of fi-
ver al perfons y and did quarter^ andcaufe to be quartered divers fA-
diersy and othersy in the houfes of divers perfons y and did divers e^Sy
which could not bejujUfed by the JlriSl forms of law y and yet were
uecejary^ andfo much for the fervice of the publicky that they ouibt
to be jujlified by a£f of parliament y and the perfons by whom thrj
were tranfa^ed ought to be indemnified: and whereas drvers fheriffsy
gaoler Sy and other ferfonsy may he or are in dqnger of bein^ Juedy
indi^edy profecutedy or proceeded again/i by reafon of efcapes of pri-

fonersy let out or dif charged by the perfons engaged in the faid rebel-
Hon ; be it therefore enadled, istc.

All perfonal aftioi)», Sec, for a6^8 done before 30 April, 1746, on accoaot
of the premiflesj or againft (heriffs, &c. for the efcape of prifoners, &c
to be void.

CAP. XXL

/fy aS more effeHtially to prevent profane curing and
fwearing.

FORASMUCH as the horrid y impiousy and execrable xnc^
of profane curfing and fwearing (fo highly difpkafing to Jlmgbtj
Gody and loathfome and offenfive to every chrijiian) are become fo fre-
quent and notorious y that unlefs fpcedily and effectually punifikdy they
[may jufly provoke the divine vengeance to increafe the many eakn^tia

iy^^O Anilo decimo hono Georgii If. c. at. 445

thefe nations now labour under : and whsnas the laws mw in being
for punijhing tbofe crimes^ have not anfwered the intents for which
they were defigned^ by means of difficulties attending the putting fuch
laws in execution : for remedy whereof, may it pleafc your moft
excellent Majefty, that it may be enaded ; and be it enaded by
the King's moft excellent Majeftv, by and with the advice and
confent of the lords fpiritual and temporal, and commons, ia
this prefent parliament aifembledv and by the authority of the
fame. That from and after the iirft day of June.^ one thoufand
feven hundred and forty fix, if any perfon or perfons (hall pro-
fanely curfe or fwear, and be thereof conviAed on the oath of any
one or more witnefs or witnefles, before any one jufticc of the
peace for any county, city, riding, divifion, or liberty, or before
the mayor, juftice, bailiff, or other chief magiftrate, of any city
or town corporate, or by the confeffion of the party offending,
every perfon or perfons fo offending, (hall forfeit and lofe the
refpedlive fums herein after mentioned 3 (that is to fay)

Every day labourer, common foldier, common fiiilor, and The pendtj
common feaman, one (hilling ; of profane

And every other perfon under the degree of a gentleman, two cuHin j and
killings; fwcanng.

And every perfon of or above the degree of a gentleman, five
(hillings.

And in cafe any fuch perfon or perfons (hall, after convi&ion,
offend a fecond time, every fuch perfon (hall forfeit and lofe
double ; and for every other offence after a fecond conviction,
treble the fum firft forfeited by any offender, for profane curf-
ing and fwearing as aforefaid.

. 11. And be it further enafted by the authority aforefaid. That Profanefvrcar-
ih cafe any perfon or perfons (hall profanely fwear or curfe, in en in the hear,
the prefencc and hearing of any juftice of the peace for aay '"g of any ju.
county, riding, divifion, or liberty ; or inthe prefence or hear- '^^' ^*
ihg or any mayor, juftice, bailiff, or other chief magiftrate of
any town corporate ; every fuch ju(lice, mayor, or other chief
magiftrate as aforefaid, (hall, and is hereby authorized and re«

Sjuired to convidt every fuch offender of fuch offence, (»" the^^^^ ^^^^j^
orm and manner herein after fet forth) without any other proof cd without*
whatfoever. other proof.

III. And be it further enaifled by the authority aforefaid, That Conftablcs
in cafe any perfon or perfons (hall profanelv fwear or curfe, in arc. to fcize
the prefence and hearing of any conftabfe, petty conftable, perfons pro.
tythingman, or other peace ofHcer, it (hall and may be lawful fancl)r fwcar^
for any and every fuch conftable, petty conftable, tythingman, j^n^'^jf "^'
or other peace officer, and they and each of them are hereby *

authorized and required (in cafe any fuch perfon (hall be un-
known to fuch conftable, petty conftable, tythingman, or other
peace officer) to feize, fecure, and detain fuch offender or offen-
ders, unknown to him or them as aforefaid ; and fuch offender ^nd bring
tx offenders forthwith to carfv before the next jufticc of the 2!°*^?*

peace fticc,3tc

446 Anno dccimo nono Georgii IL c. lu D74('

p^ce for the county, riding, divifion, or liberty, or before the
mayor, juftice, bailitf, or other chief magiftrate of the town cor-
wboistocon- porate, wherein fuch offence was committed ; and thefaid juf-
Tia them on tice, mayor, or other chief magiftrate, is hereby authorized and
the officer*! required, on the oath of fuch conflable, petty conft able, tything-
**** * man, or other peace officer, to convidt the offender in manner

and if they arc and form herein after direded : and in cafe any fuch perfon fo pro-
known, mfor- fjuj^jy fwearing or curfing, in the prefence or hearing of any fuch
mation to conftable, petty conftable, ty thingman, or other peace officer, (hall
be known to any of them, every fuch condable, petty conftable,
tythingman, or other peace officer, (hall and is hereby required
fpeedily to make information before fome juftice of the peac» for
the county, riding, divifion, or liberty, mayor, juftice, bailiff", or
chief magiftrate of any town corporate, as aforefaid, in order
that the offender or offenders may be by fuch ju(Hce, mayor,
bailiff*, or chief magiftrate convidted thereof, and puni(hed for
the fame, in manner and form as in and by this ad is di-
reded.
JafHcet, &r. IV. And be it further enaded by the authority aforcfaid. That
upon infor- every fuch juftice of the peace, mayor, or other chief magiftrate
doMthc offfaft- ** aforefaid, (hall immediately upon information given upon
dcr to appear] ^^^^ of any fuch conftable, petty conftable, tythingman, or other
&c. peace officer, or of any other perfon whatloever, caufe the of-

fender or offenders to appear before him; and upon fuch infor-
mation being proved as aforefaid, convid fuch offender or ef-
Penalty to be fenders in fuch manner as in and by this ad is prefcribed. And
paid, or (ecu- j^^ ^^(^ f^^j^ offender or offenders (hall not immediately pay down
ntygiveo» ^^^ refpedive fum fo forfeited, or give fecurity to the fatisfac-
tion of fuch juftice, mayor, or other chief magiftrate, befoit
ortheoffen- ^o™ ^^ch convidion is made, it (hall and may be lawful for
dertobe fuch juftice, mayor, or other chief magiftrate, to commit the
committed for offender to the houfe of corredion for the county, riding, di*
h^^fe^V^ ^* vi(ion, liberty, city, or town corporate, wlicre fuch offence (hall
riSion. ^^" ^ committed, there to remain, and be kept to hard labour, for

the fpace of ten days.
Common fol- ^' Provided always, and it is hereby cnaded by the authoritr
diers and (ail- aforefaid. That in cafe any common foldier belonging to any
on, regiment in his Majefty's fervice, or any common failor or

common feaman belonging to any fliip or ve(rel, (hall be eon-
vided of profane curling or fwearing as aforefaid, and (hall not
notpayingthe immediately pay down the penalty by him forfeited, or give fe-
penaity, &c. purity fpr the (ame as aforefaid, and alfo the coft of the infor-
mation, fummons, and convidion, as in and by this ad is di-
reded, every fuch common foldier, common failor or common
feaman, inftead of being commited to the houfe of corredion,
as by this ad is direded, (hall, by the faid juftice, mayor, bailitf,
to be fct In other head o(ficer, be ordered to be publickly fet in the ftocks
ftocks. for the fpace of one hour, for every fmgle offience ; and for an?

number of offences, whereof he (hall be convided at one and
the fame time, two hours.
JoUcet, ke. VL And be it further enaded by the authority aforefaid^ That

if

1746.1 Anno dccimo nono Georoii II. c^if. 445^

if any juflice of the peace of any county, riding, divifion, or not doing

liberty, niayor, juftice, bailiff, or other chief magiflrate of any ^^^"' *^"^y»

town corporate, (hall wilfully and wittingly omit the perform^

ance of his duty, in the execution of this a£l, he fhaJl forfeit

and lofe the fum of tive pounds ; one moiety thereof to the ufe forfeit 5 U

of the informer, and the other moiety thereof to the ufe of the

poor of the parifh wherein fuch juftice, mayor, or other chief

magiftrate fhall refide; to be recovered byadlion, fuit, bill, or

plaint, in any of his Majefty's courts of record at lyijlminjier i

wherein no efToin, protedlion, or wager of law, (hall be ailowr

ed, or more than one imparlance.

VII. And be it further enadled by the authority aforefaid. That Conftablei^

if any conftable, petty conftable, tyihingman, or other peace &c. not doing
officer, (hall wilfully and wittingly omit the performance of his 'l»«i«'duty,
duty in the execution of this a<5t, and be thereof convided by
the oath of one witncfs, betore any juftice of the peace for any
county, riding, divifion, or liberty, or before the mayor, juftice^.
baiHff, or other chief magiftrate of any town corporate, every
fuch conftable, petty conftable, tythingman, or other peace
officer fo offending, (hall forfeit and lofe the fum of forty ihill- forfeit 40 s.
ings; to be levied and recovered by diftrefs and falevof the of-
fender's eoods and chattels, by virtue of a warrant under the
hand and feal of fuch juftice, mayor, or other chief magiftrate,
and to be difpofed of, one moiety thereof to the ufe of the in-
former, and the other moiety to the ufe of the poor of the pa-
ri(h where fuch offence (hall be committed ; and in cafe fuch and for wtM
offender (hall not have fufficient goods and chattels, whereon of di(trer», to
to levy the faid penalty, it (hall and may be lawful for fu'ch be committed
juftice, mayor, or other magiftrate, to commit fuch offender to ('^'^^h "t?"^^
the houfe of correction for the county, riding, divifion, liberty, pf correSoo,
city, or place, there to remain, and be kept to hard labour, for
the fpace of one month.

VIII. And be it further ena<Sed by the authority aforefaid.
That all and every juftice of the peace for any county, riding,
divifion, or liberty, and all and every mayor, juftice, bailiff, op
other chief magi(trate of any town corporate, before whom any
perfon or perfons (Iiall be convi<5ted of profane fwearing or cur(-
ing, (hall caufe the convidion to be drawn up in xh& words
and form following.

Middlefex,T)E it remembered^ that on the dav Form of con*

To wit. ±J of in the ^ year of hu virion 4

Mnjejtys reign, A. B. was eonvi^ed before me (one of
his Majefty's juftices of the peace tor the county,
riding, divifion, or liberty aforefaid ; or before me
mayor, juftice, bailiff, or other chief magiftrate of the
city or town of within the county of

, as the cafe (hall be) ofjwearifig
one or more profane oath or oaths, or oftw/ifig oni at
moTt profane curfe or curfes, as the cafe (liall be.

Given under my hand and feal the day and year afofclaid.

Which

4+8

to be wrote on
parchmentf
and returned
to the next
ieffions*

Juftices, &c.
to put this a£l
in execution
indifcrimi-
nately.

Penalties how
to be difpofed
of.

Offenders to
pay all char-
ges over and
above the pe-
naltiesj

or be commit
ted to the
houfe of cor-
redtion for 6
days extraor-
dinary.

Genendifliie

Anno decimo notlo Georoii IL c. 2U [i74fi;

Which faid form and convidtion (hall not be liable to be rt*
moved by Certiorari into his Majefty's court of Kifig^s Bemh^
but (hall be deemed and taken to be final to all intents and pur-
pofes whatfoever; and the faid juftice, mayor, bailifi^, or other
chief magiftrate, before whom fuch convidlion (hall be made,
(hall caule the fame to be fairly wrote over upon parchment,
and returned to the next general or quarter feflions of the peacs
for the county wherein fuch conviction was made, to be filed by
the clerk of the peace, and remain and be kept amongft the re-
cords of the faid county.

IX. And be it further ena<fted by the authority aforefaid. That
all and every juftice of the peace for any county, riding, divi-
fion, or liberty, and every mayor, juftice, bailiff^ or other chief
magiftrate of any city or town corporate, may, and they are
hereby authorized and required to put this adt in execution a-. .
gainft any perfon or perfons within their feveral jurifdiiftions,
although fuch juftice, mayor, bailiff, or other chief magiftrate
(hall be rated and pay to the relief of the poor of any paridi^ .
town, or place, where any offence, contrary to the true intent-
and meaning of this adt, (hall be committed ; any law or (la-
t'ute to the contrary in any wife notwithftanding. .. ,

if. And be it further ena&ed by the authority aforefaid^ That /
all and every penalty or penalties inflidled by tnis a<5t, upon ua,\
perfon or perfons for profane curfingand fwearing, (hall bcdil-.
pofed of for the benefit of the poor of the parifh wherein fuch
offence was committed ; and that all charges of the ioformatioa
and conviction of any fuch offender (hall be borne and paid by: .
the party offending, if able, over and above the penalties in*.
Aided by this a£l, which charges (hall be fettled and afcenaintd
by the juftice of peace, mayor, bailiff, or other chief magif-
trate, before whom fuch convidion ftiali be made. And in cafe
fuch party (hall not be able, or (hall not immediately pay the
faid charges and expences, or give feciirity for the fame to the ..
(atisfadtion of fuch juftice of the peace, mayor, bailiff, or other .
chief magiftrate, it (liall and may be lawful for the juftice*.
mayor, bailiff', or other chief magiftrate, before whom fuch in-
formation and convidion ftiall be made, to commit fuch offen-
der to the houfe of correAion as aforeiaid, there to remain, and
be kept to hard labour, for the fpace ot fix days, over and above
fuch time for which fuch offencler may be committed in default
of payment of the penalties infli(5^ed by this act ; snd in fuch
cafe no charges of information and convidion (hall be paid by
any perfon whatfoever.

XI. And it is hereby further ena<$>cd, That if any aclion or
fuit (hall be commenced or brought againft any juftice of the /
peace, conftable, or other officer or perfon whatfoever, for doings /
or caufing to be done, any thing in purfuance of this a<5t, con-
cerning the faid offences, the defendant in that adlion raay ple^ i
the general iflfue, and give the fpecial matter in evidence ; and
' if upoQ fuch aAion, verditft be given for the defendant, or the

pUmiff

i74^-] Anno dedmo nono Georgii II. c. 21; * 44^

plainttfF become nonfuit, or djfcontinue bis adtion, then the de--

fcndant (hall have treble cofts. Treble coib.

XII. Provided always, and it is hereby cnadted. That no Proof, &c. to
perfon ftiall be profecifted or troubled for any offence againft be made with,
this ftatute, her(!in before or herein after mentioned, unlels the*" * ^y**
iame be proved or profecuted within eight days next after the

offence committed.

XIII. And it is further enafted by the authority aforefaidjAfbtobereid
That this adt (hall be publickly read four feveral times in the quarterly in
year, in all pari(h churches and publick chapels, by the parfon,jJ^^^"^«»
vicar, or curate of the refpedive pari(hes or chapels, inunedi-

ately after morning or evening prayer, on four (everal Sundays

(that is to fay) the Sunday next after the twenty fifth day of

Atarchy twenty fourth day of JunSy twenty ninth day of Sep*

tembefy and twenty fifth clay of December^ in every year ; or in

cafe divine fervice (hall not be performed in any fuch church or

chapel on any of the Sundays before mentioned, then upon the

firft Sunday aner any of the faid quarterly days on which divine

fervice (hall happen to be performed in any fuch church or

chapel, under the pain of forfeiting the fum of five pounds forPenalty of 5U

every fiich omiffion or negledl; to be levied by diftrefs and fale^^ ncglcd,

cvf the ofl^nder's goods and chattels, by virtue of a warrant un*

tier the hand and feal of any one juftice, mayor, bailiff, or other

chief magiftrate, asaforefaid.

XIV. And be it further enaded by the authority aforefaid,Feeof i s. to
That the clerk of the juftice, mayor, bailiff, or other chief of- the juihce*»
ficer, before whom proceedings upon this atft (hall be had, (hall ^* ^^*'^'^*
and may receive and take for the information, fummons, and
conviction of every offender againft this a6l, the fum of one
ihilline, and no more.

XV. And be it further enaded by the authority aforefaid,„jac. i,c.to.
That from and after the faid firft day of JunCy one thoufand and 6 & 7
feven hundred and forty fix, an a6l made in the twenty firft ^* 3* e, it.
year of the reign of King James the Firft, intituled, An a£i to^^^^^^*
prevent and reform profane curling and /wearing \ and alfo an ad

made in the fixth and feventn years of the reign of King Wil-*
Ham the Third, intituled. An ail for the more ^e£lual fuppreffing
profane curftng andfwearingy (hall be and are hereby repealed.

CAP. XXII.

An aH fvr the better frefervation of havens^ roads ^ channels^
and navigable rivers ^ within that part of Great Britain
called England.

WHEREAS majiers and owners of, and other per font he-
longing to Jb'ipSy crayers^ or other veffels coming into havens,
borts, reads, channels, or navigable rivers, within that part of
Sreat Britain r^/A'^ England, docaft, throw out, and unlade their
Vallafl, either on the Jhore, or on the fide, and below the ufual full
ia mart, and frequently do other annoyances, to the detriment and
^bflruliien of navigation^ and the offenders often go wipunijhed, for
Vol. XVIII. G g want

450 Anno decimo nono GeoRGII II. C. 22* f <746«

want of a further and mrefpeedy method of bringing themujufiue:
for remedy whereof, may it pleafe your Majefty, that it may be
enacted ; and be it enaded by the King's moft excellent ma-
je(lv, by and with the advice and oonfent of the lords ^iritual
and temporal, and coormons, in this prefent parliament aflem-
bled, and by the authority of the fame. That if at any time,

Sfrowfne out ^^^^ *"^ ^^^^'' ^^^ ^'^ ^^^ °^ 7"^^' ^^^ thou&nd fcven hun-,
bailaft, &c. ^^^ 31^^ ^^^ ^^^9 ^y niafter or owner, or any perfon ading
as mafter of any fhip, pink, crayer, lighter, keil-boat, or other
veflei whatfoever, (hall caft, throw out, or unlade ; or if at aay
time, from and after the day aforefaid, there fluU be cat*
Slip &c?^n ^^^ow" o"^ ^^ Unladen from and out of any (hip, piok, crayer,
harbour, &c. lighter, keil-boat, or other veflei whatfoever, being or ridiiig
within- any haven, port, road, channel, or navigable river,
within that part of Great Britain called England^ any ballaft,
UndTnT nibbifh, gravel, earth, ftone, wreck, or filth, but only upon
iurticc" may ^^^ ^^^^ where the tide or water never flows or runs ; it fluK.
ifluewarnmts, and may be lawful for anyone ormore juftice or jufticesofthe
peace for the county, Aty, town corporate, liberty, or place, when
or near which fuch offence fliall be committed, upon infonna-
tion thereof, and he and they are hereby authorized and le-
required, to fummon, or iflue out his or their warrant or war-
rants, to apprehend and bring before him or them the mate
or mailers, owner or owners of any Aich fliip, pink, cnycr,
lighter, keil-boat, or other veflTel, or other perfon or pemis
adtng as fuch, againft whom fuch complaint or infonnaMi
(hall be made or given ; and upon his, her, or their appea^
and upon ance or default, to proceed to examine the matter ol faA, aid
proof, &c. ^oii due proof made (either by the confeflion of the party of-
fending, or on view of fuch juftice or juilices, or upon the oKh.
or oaths of one or more credible witnefs or witneflfes, which
oaths- the faid juflices are hereby impowered and required to »U
minifter) that aily ballaft, rubbifti, earth, gravel, ftone, wred[»
or filth, had been caft, unladen, or thrown out of, or firaoi
any fliip, pink, crayer, lighter, keil-boat, or other veftl, the
mafter or mafters, or perfon or perfons ading as mafter or mt* j
fters thereof, (hall be adjudged, and he and they are hereby re*
fpe<itively declared to be the offenders againft this ad: ; and te
and they being by fuch juftice or juftices (or any of tlie waysor
fine them not nieans aforefaid) thereof convicted, fliall forfeit and pay fcr
more than 5 1. every fuch offence any fum, not exceeding the fum ol fifc
nor le(s than pounds, nor under fifty ftiillings, at the difcretion of fuch juftiCB
50 •• or juftices, the one moiety thereof to the informer, and the 0*

ther moiety thereof to the overfeers of the poor of the pariflli
town, or place wherein fuch conviction fliall be pronounced, to
the ufe of the poor there.
Penaltiethow H* And be it further enabled. That the penalties infliM
recoverable, or incurred by this acft, fliall be recovered and levied by di(bie6
and fale either of the goods and chatties of the perfons fo con-
vi<fled refpcftively as aforefaid, or of the fliip, pink, CFayer,
lighter, keil-boat, or other veflei, or of their tackle, appoieli

174^.] Anno decimo nono GeoRgii II. c. 2t. 451

or furniture (by 'warrant or warrants under the hand and feal,

oc hands and feals of fuch juftice or juftices, and which he and

they are hereby impowered and required, on fuch convivE^ion as

aforefaid to make, and to dire^ the fame to the conftables, or to

the tythingman, or other proper officer of the pari(h, town,

QT place where fuch warrants are refpe<51ively to be executed ;

anid which warrants the conftables and tythingmen, and officers

aforefaid, arc hereby refpe<^ively required to execute) together

with the charges oi fuch diftreis and fale, rendering the over-

]dus (if any be, after demand in writing) to the refpe<5tive For want of

o^vimers thereof; and for want of lufficient diftrefs, the (aid ju- diftrefs, tob«

fticc cflr jtiftices are hereby impowered and required to commit committed.

^h ma^ei^ or malters, or perfon or perfons a<5iing as fuch, and

fajconvided air aforefaid, to the common ^gaol of the county,

qitrf , towo corporate, or to the houfe of correction of the county

wiicre.the offenders (hall be refpedively convided as aforefaid,

there to remain for the fpace of two months, or until payment

fliallbe made of the penalties and forfeitures, or fo much there*

of, as for the nonpayment of which fuch commitment (hall be.

lii. jfffd whereas it frequently happens^ that /hips and vejfeh are Ship funk o^
run Pn Jhore^ funk^ or firanded in harbours^ ports^ channels^ and ^^^^^^* ^^
nMigahle rivers j or are brought or drove into the fame in a ruinous or
ftmtured condition, and the owner ^ or fome other perfon having^ or
prtttnding to have the command or power offuchjhip or vejfel^ fre^
fwmtiy Jhip off or take away the riggings tackle^ and other valuable
partf-tberoof^ and permit the hulk to fink in thefand^ in fuch harbours
and plofies as eforefaid^ and there to remain ; and great damages often
bsppen'$hirel^^ not only by other flnps and vejf els flicking or running
thireoft^kiut by filling up the channel in fuch harbours and places^ fo as
ia^'Undor the fame impra^i cable ^ or very difficult or dangerous for na*
vigaikniy before the fame can be removed by any of the laws now in he^
ifig^ now, for the more efFedtually remedying fuch mifchiefe for
tfa«^:iurture, be it further enacted by the authority aforefaid,
Tlidt as foon as any (hip or ve(rel (hall, after the faid firft day
ci^Jufulf be funk, branded, or run on (hore in any harbour,
port, channel, or navigable river, or (hall be brought or drove in an harbour*
iiHi or be there in a ruinous or (battered condition -as aforefaid, *"^ permittcdl
amid permitted to remain there, and the owner 6r fome other J^^"**"^
pcrion having, or pretending to hiVe any property therein, or *
the command or power thereof, or any other perfon or perfons
by ihcir or any of their order, privity, or aflfent, (hall begin to
take down, or carry away any of tne rigging or tackle, or if
there ihall not be any per(on to take care of the faid (hip or vef- Ju^^ccs to
(a, it (hall be lawful for any one or more juftice or iuftices of^^^^^g^^
thd peace for the county or place where or near fuch ra<ft, acci- '

dent, or offence (hall happen, upon information thereof, and
be and they are hereby authorized and required, to fummon, or
jfiiie out his or their warrant or warrants to apprehend and bring
before him or them the owner, or other perfon having, or pre-
tending to have the command or power over fuch (hip or veflcl ;
and upon his or thcdr appearance, or default, to proored to exa-
-. : Gga mine

452 Anno decimd nono Georgii II. c. 21. 1^7^.

mine the matter of fa£t, in manner and form aferefaid i andia
and upon con- cafe, upon fuch examination, fuch juftice or jufttces ftiall find
fu^warranti ^^^ owner, or other perfon having, or pretending to have the
for felz/ing command or power over fuch (hip or vefleJ, or any of the per-
and removing Tons aforefaid, guilty of fuch offence as aforefaid^ fuch juftioeer
the (bip and juftices (hall, and he and they is and are hereby required to ifliie
tackle, 1^^ ^^^ (j^^jjp warrant or warrants for feizing and removing fuch

(hip or vefTel, and alfo the rigging or tackle thereof, in fuch
and unlcfi the manner as fuch jufticc or juftices (hall order and dired ; and if
fccurity wfth- ^^^ owner, or fuch other perfon aforefaid, (hall not within £w
in ^ days, * days give fecurity, according to the approbation of fuch jufiioe
or juftices, to clear the harbour, port, channel, or river of fuch
yeflcl, and of all wreck, and parts belonging to the fame, aod
of the fara« P^^ charges and expences of feizing, removing, and di^^ofiog
of fuch (hip or veflel, tackle or furniture, then to caufe.tlv
Hulk, rigging, or tackle to be fold, and with or out of the mooBf
arifing by fuch fale, to pay the charges and expences of clcaripg
the harbour or place where fuch (hip or wetkl (hall lie ; arxtalfo
the charges and expences of feizing, removing, and felling fqch
(hip, ve(rel, furniture, and uckle, rendering the overplus, if
any be, to the owner or owners of fuoh manor where the Sua:
(hall happen.
Juftices to IV. And be it further enadted by the authority a(bre&i<i,

execute this That all and every the juftices aforefaid may, and they are here-
adtindifcriml- by refpef^ively authorized and required to put thir ad in exe6i- 1
natcly. ^^^^^ againft any perfon or perfons within their /evefaLjurif- '

. di(5tions, although fuch juftice or juftices (hall or may be fated
or a(re(Ied, or do, or (hall, or may adually pay for or towards ;
the maintenance or- relief of the poor of any pari(h, tov^n, or ]
place, in which any conviction in purfuance of this ad'fh^lbe
pronounced ; any law or ftatute to the contrary thereof3id|ifift-
(landing. if

V. And be it alfo cnaded. That all convriftians, to be pit-
f ^bl*fi *T '^^"'^^^ '^y ^'^^ authority of this aa, (hall be final to all jnMts i
to be tina . ^^^ purpoi'es, not to be appealed from, or removed iatOcsBf
court of record ^t JVeftmitiJier. -, M

Di/lrefs not to VI. Provided always, and it is hereby further enaAed, TJbt
be fold till QQQQ Qf th^ diftre(&s to be at any time made by vinueoCtfais
after 5 day^ ^^ ^^ ^ ^ ^^^^ diftreOcs, (hall be fold till after thett-

piration ot nve days from the day of making fuch diftrdiesjtt-
fpeAively ; but that it ftiall and may be lawful to and fbcltbe
perfons convided in the mean while (to wit, at any time befixc
the expiration of the faid five days) to redeem fuch diftre(s^hf

Eayment of the mcyaey for which the fame (hall have been mide
y virtue hereof, to and for the ufes and purpofes of this iA»
together with ttie cofts and cliarges of and for making, (tiaag, i
and detaining fuch diftrefs. , ii

Liimiation of VII. Provided neverthdefs. That nothing in this aA cei- ^
th^ ^a^^^ ^^ ^^^^ ^^^^ exfend, or be conftrued to extend, to take aim,
' abridge, diminiih, or alter any right, benefit, or Jaw&lTiift^

that tlic lord or locds, lady or ladies of any maaoc or wtman

adjoiQ-

\r74^*] Anno decimo nono Georgii IL c. 23. 453

adjoining to or bordering upon any haven, port, road, chan-
nel, or river, or that any other perfon or perfons whatfoever
hath or have to fUch haven, port, channel, or river, or to the
banks, (hores, or fides thereof, or any filhery, manufa<flures»
or royalties therein ; nor extend to the cafting out, unlading,
w throwing out of siny (hip, pink, crayer, lighter, keil-boat,
or otlier veilel, any (lone, rocks, bricks, lime, or other ma-
terials, ured, or to be ufed, in or towards the building, ■«
mending, repairing, and keeping in repair, any quay, pier,
^^arf, wear, or bridge, or the banks or fides of any haven,
pok^t, road, channel, or navigable river within this realm; but,
otV the contrary, this a<ft (hall be con(fa'ued and taken to pre-
'Vihit the mifchiefs to be done in, or to, or upon the faid
havetts, ports, roads,- channels, or rivers, which may any
^iy|l^tend to obftruA, prejudice, incommode, hinder, or do
^if 'sinhoyance in the faid havens, ports, roads, channels, or
'.^titj or prejudice the navigation therein, and not otherwife.
-; VIII. Provided al(b. That nothing herein contained (hall
ifiiittead to take away, abridge, dimini(h, or limit any former
-or other juri(didtion, or ri^ht, or remedy, to puni(h any nufance
td'fce done or committed m any haven, port, road, channel, or
navigable river.

':'; CAP. XXIII.

jin^ t$ continue twoaSts of parliament *, one for encowrag-^

iffg /*^ growth of coffee J in bis Majefty^s plantations in

^'*| America, and the other for the better fecuring and en-

' ^ ' ii^i^rifging the trade of his Majefy*s fugar colmues in A-

WHTLVLl.k^ an aapaffed in the fifth year 0f the nigndf his q^
prefent Majefty^ intituled^ An adt for encouraging the ^•^'***

gf QviHh of coflTee in his Majefty's plantations in America ; and to

tonekui anet be in f$r<i from tot twenty fifth day of March, on$
{timfiind feven bmndrtd and thirty five^ to the twenty fifth day of

March, one thoufand feven hundred and thirty ninCy and from
'^iBehee to the end or the then next fej/ian of parliament : and whereas
■iokoiheralt paffed in the fixth year of the reign of his faid frefent
-McqtAyy intituledj An aa for the better fecuring and encourag- ^q^

mg me trade of his Majc(ly's fugar colonies in America^ to eon- "^*^**^*'S«
otbiut-dnd be in force for the term offiveyears^ to be comtuttdfrom

the ikventy fourth day ^ June, one thoufand feven hundred and thirty
Jtbreii and to the end of the then next feffion of parliament : and
'ivainreas by another aH paffed in the eleventh year of the reign of his » t Geo, i»
*fmdprefent Majefiy^ the fever al terms granted Sy the two before^* *••
.^ptotUioned a£ts were enlarged and continued from the expiration of the
faid terms ^ for the further term of feven year s^ and from thence io

the end of the then next feffion of parliament : and forafmuch as the

. jkid recited afis have^ by experience^ been found beneficial^ and are

.fit to be further continued y be it therefore enabled by the King's

< VMti txjMknt majefty, by and with the advice and confent of

> Gg3 thf

454

The recited
z&s continued
tor 7 years.
Farther coH"
tinued by
9,6 Geo. i«

Anno decimo nono Georgii IL C 14^ 25. ri74^<

the lords fpiritual and temporal, and commons, in thi^ prefent
paHiament aflembled, and by the authority of the faiAe, That
the before mentioned a6ts,and each of them, and all the powen
and claufes therein contained, (hall be, and are hereby contioa-
cd to be in full force and effe<5t from and after the expiration of
the refpccftive terms, by the faid afts feverally granted, enlarg-
ed, and continued, for and during the further term of fcvtn
years, and from thence to the end of the then next feflioD of
parliament.

CAP. XXIV.

An a6l to impowcr Lora Pitt, widowr, to credl a bridge or bridges over
the river Froome ; and to- make a caufeway to the esUI end of the town
of Dorchefter, over Fortliington moor in the county of Dorfet.

CAP. XXV.

jfn aSi for calling any fufpeSled perfon or perfonSj wbojt ^
ftates or principal refidence are in Scotland, to appear (tt
Edinburgh, or where it Jhall be judged expedient^ toini
bail for their good behaviour. EXP. ^ .,

HE RE AS a wicked and unnatural rebellion agoing Ms
Maje/ly^ hath been raifed and carried qn within that part tf
Great Britain called Scotland : and whereas^ at this jun^ure, it /;
necejjary for the public^ fafety^ and for the fafety of every partiadf
fubje^, to prevent their being feauced to rebellious^ feditiouf^ dU
unlawful pra^ices againjl his Majejlfs facred perfon.^ govern-
ment ^ and the laws^ and that by fuch methods as may be mo/l eafj U
the fubje^s ; be it therefore enacted by the King's moft excel-
lent majefty, by and with the advice and confent of the lords
fpiritual and temporal, and commons, in this prefent parliament
afTembled, and by the authority of the fame. That firom and
*u«n.uv.«..«, ^^^^^ ^^^ fifteenth day of May^ one thoufand feven hundred'and
upoiTwarrant forty fix, and until the twentieth Avlj of November following, the
or fign ma- King's advocate, or his deputy of Scotland, may and fttall^ upon
mial *r®™^^** a warrant under his Majefty's hand, or lign manual, appl]!^«^the
apply ^r la- ^^^^f j^fti^e general, juitice clerk, and commiflioners of iqftid-
ten. ary in Scotland^ craving that letters may be iffued ; and upon

Lord jufticc production of fuch warrant, the faid lords juftice general, jufticc
general, &c. clerk, and commifiioners of jufticiary, or a ^orum of them, are
hereby authorized and required to caufe letters to be iflM in

w

The King*8
advocate, &c.
in Scotland,

to iiTue letters.

his Majefiy's name, and at the inftance of his advocia^e, or his
deputy in Scotland^ for his highnefs's intereft, in commerfArm,
commanding and charging fuch perfon or perfons, having nieir
eftates or ordinary refidence within Scotland^ to appear at E^n-
hurgh^ or any other place or places in Scotland^ before the &id
court of judiciary, then and there to find fuflicient bail for the
loyal and peaceable behaviour of every fuch perfon or perfons,
..*... ^ WW..- ^^ *^ appear when and where the faid court fliall dired ; and
tTin^a warrant ^^e faid letters are to contain a warrant for citing of the faidper-
for citing, as fon or perfons, being within Scotland^ perfonally, or at their
in cafes where dwcUing-houfcs, or at the difcrction of the faid court, upon

cauft

Letters to con-

1 74*^0 Anno decimo nono Geojigii IL c. 26. 455

c^ulc fhewn, to cite in the fame manner as by the law of Scot^ there is no
&W, where there is no Tutus Jcceffus^ is direacd upon .fifteen '^'*^^ Accejfus.
free days, or not being within Scotland upon fixty days, accord*
ing to the forms ufed for citing porfons who are abfent out of
Scotland.

II, And be it further enaded by the authority afprefaid, That Perfons ap-
upon the appearance of the perfon or perfons fummoned, pur« pearin^, to
fuant to the letters aforefaid, it (hall be lawful for the faid court, fi»d bail, &c.
to require fuch perfon or perfons to find fufBcient bail, in fuch ^j^^^^"*"
fum, as they in their difcretion (hall think fit, not exceeding the
fum of one thoufand pounds fterling, for the loyal and peaceable
behaviour of every fuch perfon or perfons, and to appear at fuch
place as the (aid court (hall appoint, at anytime within the fpace
of fix calendar months from the date of fuch bail ; and every
fuch perfon refufing or negledtii^ to give fuch bail, (hall by the
court be committ^ to prifon for the fpace of fix nionths, or
until fuch bail (hall be found; and every perfon being gui'^Y penalty of dif.
€)f wilful difobedience, in not appearing purfuant to fuch fum- obedieuce,
mons, (hall incur the penalty of finele and life rent efcheat, to
to be brought in for his Majefty*s ule, and (hall be further fined.
in the fum of five hundred pounds fterling, and be liable to one
year's impri(bnment.

CAP. XXVI.

^ a8 to attaint Alexander ^or/^Kellie, William vifcount
i?^Strathallan, Alexander /WPitfligo, David Wemyfs
efquire^ commonfy called lord Elcho, eldeftfon and heir ap-
parent of James earl of Wcmyls; James Drummond
efquire^ eldefl fon and heir apparent of William viftount
of Strathallan -, Simon Fraler efpiircy eldeft fon and heir
apparent of Simon lord Lovat ; George Murray efquire^
commonfy called lard George Murray, brother to James
duki of Athol ; Lewis Gordon efquire^ commonly called
brd Ijtwis Gordon, brother to Cofmo George duke of
GiH'don J James Drummond, taking upon himfelf the title •
lofduke <?/ Perth •, James Graham, hte of Duntroon, tak-
ing on himfelf the title ofvifcount ofDymdtt \ John Nairn,
taking upon himfelf the title orfiile of lord Nairn ; David
Omlvte, taking upon himfelf the title of lord Ogilvic 5
John Drummond, taking upon himfelf the ftile or title of
hrd John Drummond, brother to James Drummond,
taking on himfelf the title of duke of Perth% Robert Mer-
cer ^quirCj otberwife Nairn, of Aldie^ Sir William Gor-*
don of Park; John Murray of Broughton, efquire^
John Gordon the elder^ (?/Glenbuckett 5 Donald Came-
ron the younger J ofhcKhxtl •, doSor Archibald Cameron,
brother to Donald Cameron the younger ^Lochiel ; Lu-
Gg4 dovick

4^6 Anno decimo nono GsOROii IT. c.^6. t'74^«

VIovick Canncron of Tor Caftlc, Alexander Camcrooijf
Dungallon, Donald J^lac Donald ofChhroniid^Jnmor,
Jon to Rhonald Mac DonaU of Clarironald j Donald
Mac Donald of Lochgaric, Alexander Mac Donald ^
Keppoch* Archibald Mac Donald, /<?» <j/*Col Mac Do-
nald e?/ Barifdale -, Alexander Mac Donald ei/GIcncoc,
Evan Mac Pherfon ^/"Ciunie, Lauchlan Mac Lauchlan
of Cattle Lauchlan, John Mac Kinnon of Mac Kinnort,
Charles Stewart />/ Ardlheil, George Loclchart, eldefifon
aud heir apparent of Georee Lockhart of Carnwath ;
Lawrence Oliphant tlfe eUer^ of G'aik; Lawrcacc
Oliphant the younger of Galk ; James Graham the
younger^ of Airth •, John Stewart, tammonly caUid
John Roy Stewart-, Francis Farquharfon of Mon-
alterye Alexander Mac Gilivrae of Drumaglafh,
Lauchlan Mac lintofh, merchant at Invernefs^ Mai-
, colni Rofs, fon of Alexander Rols c/ Pitcalny -, Alex-
ander Mac Leod, fon to mafier John Mac Leod
advocate \ John Hay portioner of Reftalrig» writm
to the fignet \ Andrew Lumfdale, otberwife Lumidam
fon to William Lumfdale, otberwift Lumfdain, tenttr
in Edinburgh -, and William Fidler, clerk in the au£tof^s
cffice in the exchequer <?/ Scotland -, of high treafon^ iftbtf
Jhall not render themfehes to one of his Majejiy^sjujiicaof
ihe peace^ on cr before the twelfth day of July, in tbeym
if our Lord one tboufand feven hundred and forty Jix^ and
fubmit tojujlice.

WHEREAS Alexander earl (7/Kellie, William vifcount if
gtrath^llan, Alexander lord Pitfligo, David Wemjfi
^-efiuiriy commonly (ailed &rrfElcho, eldejl fin and heir apparefHttf
James earl of Wemyfs ; James Drummond efpiirey gldeft Jm
and heir apparent of William vifcount of Strathallan ; Smon
Frafer efquirCy eldejl fin and heir apparent ^ Simon lord Lovat;
George Murray efquire^ commonly called lord George Murray^ brfi-
the'r to ]zixit% duke of hxho\\ Lewis Gordon ^'fuirey commonlj
called lord Lewis Gordon, brother to Cofmo George duff of Got-
•don; James Drummond^ taking upon himfelf the title •f^j^j
Perth ; James Graham, late of Duntroon, taking on himj^rm
title of vifcount of lyMctAtti John Nairn, taking upon bimfelf 6^
title orjiile of lord Nairn ; David Ogilvie, taking vpon himfelf At
title of^lord Ogilvie ; John Drummond, taking upon bimMftbe
flile or title of lord John Drummond, brother to fames Drom-
mond, taking on himfelf the title of duke j/Tjprth j Robert Meittr
ffquife^ otherwif e^mviy of ^X^\e\ 5ir William Gordon cffvk^
.John Murray i?/ Broughton, efquire ; John Gordon the, elder ^f
Glenbuckettj Donald Cameron the younger , of Lochiel; ^Ser

Arcbi-

f>4&] Anno decimo nono GeoROII H. 0.27. 457

Archibald CamcFon, broths to I)onaId Cameron iht younger^
^Lochiel; Ludovick Cameron of Tor Caftic, Alexander t^a-
jneroD ^DungaHon, Donald Mac Donald of Clanronald^ ju-
nioty fin /^ Rhonatd Mac Donald ^Clanronald ; DonaI(l Mac

Donald d/" Lochgaric, Alexander Mac Donald jj/'Kqppoch, Ar-
chibald Mac Donald, ^;7 ^Col Mac Donald ^/ Batildale, Alex*
indcr Mac Donald y Glcncoe, Evan Mac Pherfon ^jTCIunic,

Liuchlan Mac I/auchlan ^Caftle Laucblan, John Mac Kiilnon

{/'Mac Kinnon, Charles Stewart ^Ardfheil, Georee Lockbart,

efdejl fin and heir apparent of George Lockhart y^Carnwath ;

Lawrence Oliphant the elder ^ ofGz(k\ Lawrence Oliphant thi

younger^ ^Ga(k; James Graham the younger^ ^Airth; John

Stewart, commonly called ]ohn Roy Stewart; Francis Farquhar-

fon ^ Monalterye, Alexander Mac Gilivrae ^ Dnimaglafh,

Lauchlan Mac Intofh, merchant at Invernefs ; Malcolm Rofs,

fon «/" Alexander Ro($ ^Pitcalny ; Alexander Mac Leod, fin to

Mafler John Mac Leod, advocate % John Hay portioner ^RcftaU

rig, writer to theftgnet ; Andrew Lumfdale, otherwife Lumfdain,

fon to William Lumfdale, otherwife Lumfdain, writer in Edin-

bui^h, and William Fidler, clerk in the auditor* s office in the ex^

chequer ^Scotland \on or before the eighteenth day ^ April, in the

year of our Lord one thoufandfeven hwulred and forty fix, did^ in a

■^aUerous and hofiile manner^ take up arms^ and levy war againft his

^efent mo/i gracious Maje/iy^ within this realm^ contrary to the duty

J cf their allegiance^ and are fled to avoid their being apprehended and

trofecuted according to law^ for their faid^ offences \ be it therefore

!'^lilaaaed, feTr. .

Tile perfbns ntmed, who (hall not furrender themlelvet before x» July,,
V ^746, CO be attainted of high treafon. Juftices to commit the perfons fur^
rendering, till difcharged by lawi and to give nodce to one of the lecre*
Jarie^ of ftatc.

:,; CAR XXVIL , /

AnuSfor the man effeSual ficuring the duties tunvpayaile

\ ttk foreign made fail cloth imported into this kingdom ; and

no'.'for charging all foreign-made fails with a duty ; and for

'^^ explaining a doubt concerning Jbips being obliged at their

fiffi fi^^i^S ^^^ ^^ fi^'i ^^ befurnifbed with one compleai

. ^/ of fail: made of Britifh ftul cloth. ^

W HEREAS by an a^ made andpaffed in the ninti year of the ^
reign of his prefent Mojefiy^ intituled. An aft for further • ^^' **^ ^^^
encouraging and regulating the manufadure of Britifi> fail cloth ;
and for the more effectual fecuring the.duties now payable on
jfbreign fail cloth imported into this kingdom ; and which by nn
oQ made in the thirteenth year of his prefent Majefly, was continued 13 Ge<^ %»
to the twenty fifth day of December, one thoiyandfeven hundred^' •••
end fifty, and from thence to the end of the then nextfefpon of par ^
\ liament ; // xoas enacted, that from and after the twenty fourth day
of]\me, one thoufiind /even hundred and thirty fix^ all foreign-made

? >7

458 Anno decimo nono GeoRGII II. c. 27. {174^.

fail cloth or^ canvas^ ufually intend as Hollands Duck) or V'wrj
Canvas, which Jhould he fit and prcper ta be made ufe t>ff$r the mat-
ing of fails ^ for navigating fhips or veffelsj and which fbould be im-
ported into Great Britain by way of merchandize^ and for wbicb
any duties bad been granted^ or were made payable^ or ought to h
paid to his Majefiy^ Jhould beftamped at the time of landing tbererfj
at or in the port or place where the fame Jhould be imported or landedi
and that the commijfioners ofthecuftoms of Great UnioXn fbould pro-
vide J ,or caufe to be provided^ ajid to be diftributed to the proper offi-
cers of the cujloms of the ports where fuch foreign-made fail cloth tr
eanvas Jhould be imported^ afufficient number of flamps^ with wbiA
fhe faid officers were thereby required to flamp every fuch piice or pox-
^el of foreign-made fail clofh or canvas ; and which Jiamps JbouliiX'
prefs or denote the place or country from whence the fame fail ckthor
canvas was imported \ and the fatd commijfioners were thereby n-
jjuired to take care that the faia fiamps Jhould be fo contrived^ tbet
fhe imprejfton thereof might be durable y andfo as the fame might tt
the leafl liable to be counterfeited j and divers penalties and forfeitures
were by the faid a6t dire^ed to be levied and infli^ed^ in order to
prevent the counterfeiting of fuch fiamps^ and Jelling for eign-mait
fail cloth or canvas with eounterf est fiamps^ arid the working up the
fame unflamped^ in fuch manner as is therein mentioned : and where''
as not only great numbers of fales made up in foreign parts j made ^
foreign canvas^ are ufed by majlers offbips andvcjllsfor navigatinf
fuch Jhips and veffels into this kingdom^ but alfo great quantities ef
foreign-made fail cloth and canvas y ft for making fails^ are imported
into 9 and made and wrought up into fails in this kingdom^ without
paying the duty, or being flamped as by the former laws is dirc^cd,
to the great prejudice of his MajeJ}fsfubje£fs, and the diminution of
the publick revenue \ for the remedying and preventine ^rhereof
for the future, be it enabled by the King's moft excdient ma-
jcfty,*by and with the advice and confent of the lords fpiritual
and temporal, and commons, in this prefent parliament aflem-
bled, and by the authority of the fame. That from and after the
twenty fourth day of fune^ in the year of our Lord one thou-
MafterB of fand feven hundred and forty fix, every mailer of any (hip or
fl)ips to make vefliel belonging to any of his Majefty's lubjeds, navigated with
cntiyupon ^^^ foreign- made fail or fails, or who (hall have any foreign
reign^made^ "*^^^ fail or fails on board his fliip or veflel, (hall, at the timeof
faiU onboard; making his entry or report of fuch (hip or vcfTel at the cuftom-
houfe where fuch (hip or veflel (hall be entered, alfo makean en-
try and rej^ort upon oath, of all and every foreign-made fail and
fails ufed in, or being on board every fuch (hip or veiTel ; and
the mafter of fuch (hip or veflel (hall, before fuch (hip or ve&l
. . - (hall be cleared by the oflicers of the cufloms inwards, where

cIcaringTpay ^"^^ ^'P ^^ ^^' makes any difcharge of her lading, pay to his
the duties Majefty, his heirs and fucceflbrs, the like and the fame duties
charged by as are charg^ upon, and made payable by an a^ of the twelfth
f 2 Ann«, it I. year of the reign of her late majerty Queen Anne, intituled, Jbi
^ * * a&for the better encouragement of the making of fail cloth in Great

Britain, for all foreign-made (ails imported by way of merchan-

n.And

r746.] Anno decimo nono G£<^6ir IL c. 2 /• 459

II. And it is hereby further enadied. That every foch failSaiktobe
ftiall be ftamped at the port or place where fuch (hip or veflel ^^|*™P«^ ^^ *^«
(hall make her entry as aforefaid, in manner herein after men- on n^on-cn-'^^*
tioned ; and in cafe the mafter of fuch (hip or veiTel (hall not try, &c. the
make fuch entry and pay the faid duty, before the (hip or ve(rel Tails to be for-
ftiall be cleared by the officers of the cu(toms inwards, all and ^"^^^^^5
every fuch fall and fails (hall be forfeited to his Majefty, his '
heirs and fucceflbrs j and fuch mafter (hall for every fuch of-
fence alfo forfeit the fum of fifty pounds, which faid fum of fif- The matter to
ty pounds (hall be applied, one moiety thereof to the ufeof his forfeit 50!. ^
Majefty, his heirs and fucceflbrs, and the other moiety thereof
to the perfon or perfons who (hall fue for the fame.
' JlU. Provided always, and it is hereby enacted and declared^ Matters not
That if the mafler of fuch (hip or veflel (nail, after his report and choofing to
entry made, and before the (hip or veffel is cleared by the offi- P*y ^^^ ^"ty,
cers of the cuftoms inwards, declared his intention of not choof-
ing to pay the faid duty, and (hall deliver to the officers of the and delivering
cuftoms of the port or place where he makes fuch entry and re- '^ (ail* to the
port as aforefaid, fuch fail or fails for which he has declared his poit^"^ ^
intention of not paying the faid duty ; that then, and in fuch the fails to be
cafe, fuch fail and fails i9 and are hereby declared to be forfeited forfeited.
to his Majefty, his heirs and fuccefTors, and fuch mafter (hall
not be fubjeA or fiable to pay the faid duty 6r penalty of fifty
pounds ; any thing herein contained to the contrary in any wife
notwithftanding.

IV. Provided always, and it is hereby further ena<5led and sails brought
declared, That nothing herein contained (hall be deemed, con- from the Haft
ftrucd, adjudged, or taken to charge or make liable any captain ^n^i«Sf «t-
pr mafter of any fliip or veffei coming from the EaJ Indies^ with ^^t^* "*
any of the duties or forfeitures aforeUid, for or upon account of

fuch (hip or veflel being navigated with, or having on board
any foreign mdde fail or fails, which (hall be by fuch captain or
inafter, bona fide^ brought from the Eaft Indies i any thing in
t^is a<5t to the contrary in any wife notwithftanding.

V. And be it enafled by the authority aforefaid. That from Foreign-made
and after the twenty fourth day of June^ one thoufand feven fail cloth im.i
hundred and forty fix, all foreign-made (ail cloth or canvas, P^^^ted,
ufually entered as Hollands Ducks^ or Vitry Canvas^ fit and pro-
per to be made ufe of for the making of fails for navigating of

(hips or ve(rels, which (hall be imported into Great Britain^ by -

"Way of merchandize, and upon the importation whereof any

duties have been granted, or are made payable, or which oMght

to be paid to his Majefly, his heirs and fuccefTors, (hall be

ftamped at the time of landing thereof, at or in the port or ^® ^^ ftamped

place where the fame ftiall be imp<Hrted or landed, as hereafter Jhereolr ^"^

mentioned.

VI. And whereas thejiamps now ufed at the cufiom-heufe^ in pur-
fuance of the faid former a^j areoftoofmall dimenfions^ and as the *
fame are now vfed and applied^ make a very obfcure mark and impref-
fion^ and which is liable to befoon defaced ^ and become undijilnguiftt^
0}le^ it is therefore further cnadted by the authority afi^refaid.

That

460 Anno decimo nono Georoii II. C.^yi [1746.

Stamps of t That the rommiflioners of the cuftoms of Grsai Britmn (haD,

inches diame- on or before the faid twenty fourdi day of June^ provide or

urt^bemade. ^^^^^ ^^ y^^ provided, fuch and fo many ftamps of ci|ht inches

diameter each, as iha]l be fufficient for that purpole, for the

ftamping of all foreign^made fails, and foreign-made fail cbA

or canvas, and (hall for that purpofe cauie a proper number of

the faid damps to be fent to, and diftributcd amongft the icf-

pedive proper officers of the cuftoms of all and every the port

and ports within the kingdom of Great Britain ; and the oflGhcers

of every fuch port are hereby enjoined and required to ftampiO

fuch foreign-made fails, and foreign-made fan cloth or canvat,

which fti^dl be imported and entered at the feveral ports wbdne

they refpedtively refide; and which faid ftampsftiall, in order to

StamMtobe jjjjjj.^ ^j^^ impreffion durable, be dipped in a liquor made of red

leKd'oU; lead well mixed with linfeed oil well boiled ; and the faSd (hn^

and to denote or impreflion therewith to be made, ihail exprefs and denote

the place of the place and port in which fuch fiiils, and foreign-made (A

Si cl^^* doth or canvas arc entered ; and the faid commiffioners, in pr6'^

^^^ viding the faid ftamps for the purpofes aforeiaid, fliall take care

that they be fo contrived, that the impreffion thereof itit^ be

plain and durable, fo as the fame maybe leaft liable to be )or{^^

cd or counterfeit^ ; and if any perfon or perfoiM ^batibeva

Forging the (hail, at any time or times fxom and after the faid twenty fcMrtt

ftampf,5«c. ity of June^ counterfeit or forge any ftamp, Whidi rnHht

provided or made in purfuance ottbis m for tbepurpoiet afbfv-

faid» or (hall counteifcit or refemble the hnprefllon of the-ftniti

upon any of the iaid fereign«made fail cloth or canvas, atto^

retgn*-made fails, chargeable with any duty by-virtue of thh iA;

or of any former aft or ads of parliament made in that bebF)

or (hall fell fuch fail duth or canvas with- fiich coumerfeir or

forged ftamps, knowing the fame to be counterfeited dr forged,

thereby to defraud hi$ Majefty, his heirs or fuccelfors, of aiky

of the duties thereby and hereby gramed ; then every Aieh yx*

ion fo offending, and duly convifted thereof, Audi ibrfehthe

^ ^' 1 film of fifty pounds. ' *''

to forfeit 501. VII. And it is hereby further enafted. That from and after

the (aid twentv fourth day of June^ no mailer fail-maker^

journeyman fail-maker, or other peribn or peribns whatfoef ef,

within Great Britain^ and from and after the twenty ninth dfjr

l^oreignmade of Decemier^ one thoufand feven hundred and forty &ty noimt

fail ck>th ler fail-maker, joumqrman fail-maker, or other perfon or per-

m^e up un- f^^^ whatfoevcr, in his Majelly's plantations in j/mfricay fM

^^^ * make or work up into fails or tarpawlins, or caufe to be made of

worked up into fails or tarpawlins, any foreign-made bSl ddth

or canvas not ilamped according to this ad; and incafe'any

mafter or journeynjan fail-maker, or other perfon or peribfo

whatfoever, (hall make or work up, or caufe to be madeor

to be forfeit- worked up, into fails or tarpawlins, any foreign fail doth or

edi and the canvas, other than as aforefaid, fuch fails and tarpawlins (hal

fail-maker, be forfeited, and every fuch mafter or journeyman (ail*oiafan^

^ ■ ^ • " ^ ■ ■ ■«»

1 746.] Anno dedmo nono GeorgiI IL g. 27. 461

or fucb other peribn or pcrlons fo ofiiendiAg, uA bein^ thereof
lawfully convicted upon the oath of one or mc»re credible wit-r
neb or witnefles, before an^ one or more juftice or juftices of
the peace for the county, riding, divifion, citjr, town or place,
where the (aid offence {hall be committed (which oath fuch juf-
tice and juftices is and are hereby impowered and required to
adminifter) Ihall forfeit the fum or fifty pounds for eve^ fail or ^g p_ |^
tarpawlin by him or them fo made, or caufed to be made, not
toeing (lamped as afore&id j which faid penalty or forfeiture of ^ i^i^^^w
fifty pounds (hall be levied and recovered by MxA and fale of ^^^^
the offender's goods and chattels, by warrant or warrants under
the hands and feals of tw6 or more juftices of the peace for the
county) riding^ divifion, city, town, or place where the offence
0)aU be committed, and ftiail go and be ajpplied to the ufe of the
Wbrmer or informers ; and tor want or fuch di(b'efs, it (hall
^od may be lawftd to and for fuch jufUce or juftices, by like
wurrant or warrants^ to commit fuch mafter or journeyman fiiil-
p^akier, ex other peribn, to the gaol of the county, city, rid- or ^e commie*
4Qg, diyilion, town, or place where fudt offiBOce was committed, ted tor ^%
tbere to remain without bail or mainprixefor the fpace of fix months.
BQloiuhs, or until he pays the faid penalty of fifty pounds.
V; VUI* And be it further enaAed, That every fail-maker, or
.^jtber perfon who (hall make up inta fails any foreign-made (ail
{^th or canvas, (hall place the ftamps affixed or impreifed on
(j^h fpreign £ul cloth or canvas, in the moft confpicuous part
ofTiboh fails (that is to fay) on the after iide of fuch fails, and stampi to be
Ifliibch maimer, that the number of ftamps in every fail may pat on the af-
sjppe^r proportiomibly to the number of boks or pieces contain- ^-^l^^ ^*
c^^the (aid fail ; and in cafe any faii^maker, or other perfon, '
ipiali make up any foreign^made uil cloth or canvas into fails,
in.^^ny other. manner than afbre(aid, fuch (ails, (hall be (brfeit-
f4f ^cl fuch fail* maker, or fuch other perfon, (hall, for every Penalty of id.
]u^ offence, forfeit the fum of ten pounds.
...j^. And be it enafted by the authority aforefaid, That no
ma(ter (ail-maker, journeyman fail-maker, or other peribn what*
^ver, (hall, a(ter the twenty fourth day afjune^ one thcni(and
ieifen hundred and forty (even alter, repair, or mend any pordgn-made
iaal or fails made of foreign-made fail cloth or canvas, not fail cloth un.
lumped according to this a&; and in ca(e any mafter orftamped, not
jwnieyman fail- maker, or other perfon, (hall suter, repair, ^^"^**^^>
91; mend any fail or fails not ftamped as aforefaid, every fuch- ^'
ipafter and journeyman fail-maker, or other perfon, (hall,
for jeycry fail fo altered, repaired, or mended, forfeit the fum of Penalty tol.^
twenty pounds.

... . X* And be it enadled by the authority aforefaid. That from
l^nd after the twenty fourth day of Jum^ one thoufand feven
hundred and forty fix, every fail-maker in Gr^at Britain^ and
from and after the twenty mnth day of Deamber^ one thoufand
feven hundred and forty fix, every fail- maker in his Majefty's
plantations in AmmiQ^ (hall a(Bx or imprefs, or caufe to be ^^^^ {^ to
affixed or impreffed, on every new fail by him fo made, a ftamp bt lUmped

of

4^2

with the
maker's

under forfei-
ture of the
£2i\$, and lol.

Shipfinew

Anno decimo nono GeorgiI IL c. 27: [1746*

of eight inches diameter, containing the name and place of abode
of fuch faii-maker, in plain diflind letters and words at length -,
and which faid ftamp, in order to make the impreffion durable,
(hail be dipped in a liquor made with lamp black, well mixed with
linfeed oil well boiled, and in cafe any fail-maker, or other per-
Ton, fhall make any new fail or fails, and (hall deliver the fame
to any captain or mafter of any (hip or veflcl, not bein^ ftampl
with his name and place of abode as afbrefaid, every fuch fail
(hall be forfeited, and every fail-maker, or other perfon (halt,
for every fail by him or them fo delivered, not (lamped as atbre-
faid, forfeit the fum of ten pounds.

XL yfnd whireas doubts have ariftn about the meaning of a clasfe
in the faid alt of the ninth year of bis prefent Maiejlys reign\ by
which Jhips or veffels are obliged^ at their firji fetting out^ cr being
firji navigated at fea^ to be furnijhed with one full and complete fit
of fails made of fail cloth manufaQuredin Great Britain.* to obviate
luch doubts for the future, be it enadted by the authority afbre-
faid. That from and after the twenty fourth day of yum ^X)t

)>uiUin Great thoufand feven hundred and forty (ix, every (hip or vcfleJ whi^h

Britainor (hall be built in i^reat Britain^ and from and after the twenty

Amenca, ninth day of December^ one thoufand feven hundred and f-'ny

fix, every (hip or veflfel which (hall be built in his Majdty''$

plantations in America^ (hall upon her firft fetting out, or beii!^

firft navigated, have or be furnt(hed with one full and compleat

fet of new fails [bonafide^ belonging to (iieh (hip or veflel) noade

on firft fetting ^ f^il cloth- manufa^ured in Great Britain ; and in cafe fiich

out, to be fur. (hip or veflel (hall not, on her firft fetting out, be fitted or AiN

sifted with t ni(hed with a new fet of fails, properly belonging to fuch (hip

foils, m^u. ^ ^^^'' *"^^^ ^^ '^'^ ^^^^^ °^ *® manufaaure of Greaf Britam
faaured in* ^s aforefaid ; that then and for every fuch negle6b or default, the
Great Britain, mafter of fuch (hip or veftel (hall fomit the fum of fifty pounds.
Penalty 50I. XII. And it is hereby further enabled by the authority afom^
Penalties how faid, That the feveral pecuniary penalties and forfeitures herm
to be recover- before impofed on perlons offending againft this adl (not other-
wife 'dire<5led and applied) (hall and may be recovered by adtkAi
of debt, bill, plaint, or information, in any of his Majefty's
courts of record in Great Britain, or in fuch of his Majefty's
plantations wherein fuch offence (hall be committed ; in which
fuit no eflbin, protc<5Vion, wager of law, or more than one im-
parlance (hall be allowed ; which faid forfeitures (hall be applied,
one moiety thereof to his Majefty, his heirs and fuccefibrs, and
the other moiety thereof to the perfon or perfons who (hall fuc
for the fame.

XIII. And be it enacSed by the authority aforefaid. That this
a<5t (hall continue and be in force for the term of feven years, to
commence from the twenty fourth day of June, one thoufand
feven hundred and forty fix, and from thence to the end of the
then next feflion of parliament, and no longer.

ed.

and difpofed.

This aft to
continue for
7 years.
Farther conti-
tmed iy 26
Geo. a. c. 3x«

CAP.

1746*] Anno dccimo nono Georgii IL c. 3 8. 463

CAP. XXVIII.

^n aSfor the better regulating of eleSions of members toferve
in parliament y for fuch cities and towns in that fart of
Great Britain r^Z/f^ England, as are counties oftbemfehesi

WHEREAS by an aamadeandpaffidintbela/lfejjionofpar^.^^ G«Ov«-
Uament^ intituled^ An a6l to explain and amend the laws, ^' ' . '
touching the eledions of knights of the (hire to Terve in parlia-
ment for that part of Great Britain called England^^ feveral gff$d
provifions were ena^edfor the better regulating the /aid eleff ions :
and whereas it is rea/onable, that like provijion Jhould btf made for the
dueele£iion of members toferve in parliamenty for fuch cities andtoums
in that part of Great Britain called England, as are counties of
tbemfdveSj and in which perfons have a right to vote for electing fuch
mfmbersy for and in refped of freehold lands j tenements^ or beredi'^
tamentSy of the yearly value of forty JhiUings : Therefore be it en-
a(5led by the King*s molt excellent majeily, by and with the ad«
vice and conient of the lords fpiritual and temporal, and com«
mons, in this prefent parliament aiTembled, and by the autho-^
rity of the fame. That from and after the twenty rourth day. of p^,^^^^^
June^ one thoufand fcven hundred and forty fix, every .perfon.manding to
demanding to vote for the elet^tion of any member to icnrc iavote for the
parliament for fuch city or town, being a county of itfclf, ia**^^n of
that part of Great Britain called England^ for and in refpefl; bf "^^°^*
any freehold eftate of forty (hillings a year, (hall, before he is
admitted to poll at the faid eledion ^if required by the candidates^ if required to
01; any of them, or any perfon having a right to vote at the faid^^^*^ th« oa^
cledion) firft take the oath (or bemg a ^aker^ the foIemn^^^^^^^K'^^-
affirmation) following, videlicet i

Y0\3 JhaUfwear for being a S^uoker^ you (hall fokmnly af^Theoatli.
firm) That you have a freehold eftate confijling of (fpeciiying
the nature of fuch freehold eftate, whether me(ruage, landy
rent, tithe, or what elfe ; and if fuch freehold eftate confifts in
meiTuages, lands, or tithes, then fpecifying in whofe occupa-
tion the fame are ; and if rent, then fpecifying the names of
the owners or poiTefTors of the lands or tenements, out of which
fuch rent is iflTuing, or fome or one of them) lying or being in the
city and county ^ or town and county (as the cafe m^ be) of
of the clear yearly vake of forty JhillingSy over and above all rents and
charges payable out of or in refpe^ of the fame \ and that you have
been in the aliual pojfejjion or receipt of the rents and profits thereof^
for your own ufe^ above twelve calendar months 5 or that the fame
came to you within the time aforefaid^ by defcenty marriage ^ marriage
fettlementy devife^ or promotion to a benefice in a churchy or bypro^
motion to an offict ; and that fuch freehold eftate has not been granted
or made to you fraudulent ly^ on purpofe to qualify you to give jour votey
and that the place of your abode is at in

and that you are twenty one years of age^ as you believe y and that
you have not been polled before at this ele^ion.

Which

464 Anno decimo nono Georgii IL c. 2S. [1746.

The oatht | which oath (or folemn affirmation) the (herifFor (hcriffis, by him

Zee. by whom ^or themfclvcs, or his or their under (hcriff or under fberlns, or

fteJ^ jfuch fworn ckrk or clerks, as (hall be by bim or them appointed

f for the taking of the poll, is and are hereby required to admim-

fter ; and in cafe any freeholder, or other perfon, uking the faid

Wilful per- ^^^^ ^^ afRrmation hereby appointed, (hall thereby comnut wilful

Jury, and fiib- perjury, and be thereof con vided ; and if any peribn do unlaw*

omation to be fully and corruptly procure or fubom any freeholder, or other

P«nifl»«d a« by perfon, to take the faid oath or affirmation, in order to be pdk<

ed, whereby he (hall commit fuch wilful perjury, and (hall be

thereof convidled ; he and they, for every fuch offence, (htO

incur fuch pains and penalties, as are in and by two a£ls of par-

5 Eliz. c. 9. liament, the one made in the fifth year of the reign of the late

Queen Elizabeth, intituled, an a^for punijhment of fucb perfns

as flkdl procun er commit wilful perjury \ the other made in the

&ftGeo.ft. fecond year of the reign of his prefent Majefty, intituled, Aa

^ *5» off for the more effe^ual preventing ani further punijhment of for-

gery, perjury, fubornatim rfpifjury ; and to make it feUmy to fed

bonds, notes, or other fecurities, for payment of money \ direAed to

be infliAed for offences committed contrary to the faid ads.

BO Aaa.c tj, U* ^^ whereas by an aff made in the tenth year of the reign §f

^een Anne, intituled. An aA for the more effcdual preventing

firtudulent conveyances, in order to multiply votes for elettog

kniffhts of (hires to ferve in parliament ; // was enaitei^ Thai no

perJoH JbouU vote for the eleSiir^ a inight of thejbire within tket

fart of Great Britain called England, in refpe^ er in right of any

lands or tenements which had not been charged er ajffiffed to the pah*

lick taxes, church rates, and parijb duties, infuchprepartimaseAee

Jands or tenements of forty filings per annum, within the fampa*

rijh or tovm/bip where the fame Jb^d lie, er had been ufuath ciaeg-

t» Ann. ft. 1. ^^-' ^^^ whereas by an ait of parliament made in the twelfth year ^

c. 5. ' * ' the reign of her faid late mate fly ^een Anne, fer exptatning tAefid

recited claufe, it is etsa^ed. That the faid a£i, er emy thing tberek

contained, Jhall not extend, or be conftrued te reftrain anyferfomfrm

voting in fuch election of any inight of a fixre within tbae part ef

Great Britain, called Eneland, in refpe& er in right af any rentSf

tithes,, or other incorporeal inheritances, or any meffieeiges or Jandtin

extraparochial places, or any chambers in the inns of ceurt, or imu

of chancery, or any meffuages er feats belonging to any offices, in iv-

gar dor by reafon that the fame have not been lifuaOy cbarg^ er a^jf-

id to all or afiy the publick taxes, church rates, and parifi iteties afera^

faid ; or in rcfpefi or right of any other meffuages er lands mot then'

in before Jpecificd, iti regard or by reafon that the fame herue mi been

njually charged or offelkd to all and every the publiek taxes, ehnnh

rates J and parijb duties aforefaid ; provided that fuch meffuages er

lands have ufually been charged or ajfeffed to feme one or mare of the

faid publick taxes, rates, or duties, m fuch proportion as other mejfih

ages er lands of forty /hillings per annum in the fame parifh er town*

fhip, where tie fame Jhall lie or be, are ufually charged te the fame:

' , (5^^ ^^ which faid previfions are recited in an a£t ef parliament made in the

c. aa .,* ' thirteenth year of the reign of his prefent majejly, intitttlti^ An ad

fas

\

1746.] Anno dcdmo nono Georgii IL c. 28. 465

for the more eflfediually preventing fraudulent qualifications of
perfons to vote as freeholders in the election of members to ferve
in parliament, for fuch cities and towns as are counties of them-^
felves, in that part of Gr^at Britain called England-, and. are
therein enabled to extctid^ and. to he conftrued to extend^ to fuch lands
or tenements i for or in refpe^ ofwhUb any perfonjhall vote for the
ele^icncfany member to ferve in parliament for any fuch city or town
as af^refaid, being a county ofitfeif in that part of Great Britain
edited England : and whereas by an a^ pajfed in the lajl fffion of\% Oto. ^r.
this prefetit parliament^ it is ena£ted^ That fo much ofthefatd recite c- x8,
cd a^s of the tenth and twelfth years of the rei^n of the late ^een
Anne, as difables any perfon to vote for knights ofjbines in refpeSl or.
in right of any lands or tenements which have not been charged or af
Cejfid as tlnrein mentioned^ Jball be and is repealed ; be it ena(5led
by the authority aforefaid. That fo much of the faid recited adl t, «.

or the thirteenth year of the reign of his prefent Majefty, as ex- ^^^ %^^
tends the faid provifions to fuch cities and towns that are counties regai\td»
ofthemfdVes, as aforefaid, fhall alfo, from and after the faid
twenty fourth day of Junej one thoufand feven hundred and
forty fix, be, and is hereby repealed*

' III. Provided always. That from and after the faid twenty QuaUficaiioa
fourth day of June^ one thoufand feven hundred and forty fix^ot perfons who
no perfbh (hall vote for the eledting a member ormemboj to^****' J^^^f^^
ferve in parliament for fuch city or town, bein^ a. county of it- ritlS o"
felf, as aforefaid, within that part of Great Britain called f*^" towns, being
hkdi in refpe6t or in right of any freehold meflliages, lands, oroountiei.
teilbments, of the yearly value of forty (hillings, as aforefaid^
which have not been charged or aflefled towards fome aid grant-
ed, or hereafter to be granted to his Majefty^ his heirs and fuc«
ceflbrs, by a land tax in Great Britain^ twelve calendar months
next before fuch election : provided, that nothing herein con-
tained (hall extend, or be conftrued to reftrain any perfon from Exception,
roting in any fuch ele<ftion, for cities and towns as are counties
of themfelves, as aforefaid, in refpe<St or in mht of any rents^
or any mefTuages or feats belonging to any omces, in regard or
by rtefon that the fame have not been ufually charged or afle(red
to^ the aid commonly called the Land Tax \ and the a<fting cpm-^ .^
miffioners of the land tax for the time being, or any three orof the land
more of them, at their meetings, (hall (ign and feal one other tax to fign
dupJicate of the copies of the a(re(rment or afTciTments^o be de- duplicates of
liveredto them by the a(re(rors, after all appeals determined, ^**^*^^^"
and the fame (hall deliver, or caufe to be delivered, to the per- j^^be dclivcr-
fons officiating as clerks of the peace within the diftriAs or the ed to the
laid' cities and towns, being counties of themfelves, as aforefaid clerks of the
refpedively, to be by them kept amongft the records of the fef- Ef^'*^'*"**
fions, to which all perfons may refort at all feafonable times,
and infpedt the fame, paying fix pence for fuch infpedtion ; and
the fiiid perfons officiating as clerks of the peace, or their depu-
ties, arc hereby required forthwith to give copies of the faid du- Copies to be
plicates, or any part thereof^ to any perfon or perfons who A^all g^^^yjj^''"
require the fame, paymg after the rate of fixpence for every for ifccm.
Vol.. XVIII. *^' •^ Hh three

and to be in
poiTeflion.
above twelve
monthf.
Exception.

ftnalty of
fraudulent
n\ialificatk>n>

ifiS Anno dedmonono GeoRGii II. C. %% [ 1746.

three hundred words ; and fo in proportion for any greater or
lefs number,
f erfons vot- * IV. And be it further cnaftcd by the authority aforefaid,
ing, tojiavea fh^t {^^^ ^^d after the faid twenty fourth day ot Juntj one
o?forty (hU-^^ thoufand fevcn hundred and forty fix, no perfon (hall vote in
ling«, ice. " luch elcdtion of a mctnber or members to ferve ia parliaoient
for any city or town, being a county of itfelf, and in whidi
perfons have a right to vote for fuch members, for and in ref-
pe6l of lands, tenements, or hereditaments, of the yearly va-
lue of forty (hillings, unlefs fuch perfons (hall hare a freehold
eftate in the city and county, or town and county^ for whidi he
votes, of the clear yearly value of forty (hillings, over and above
all rents and charges payable out of or in refpeA of the fame,
and (hall have been in the acftual pofleilion, or in receipt of the
rents and profits thereof for his own ufe, above twelve calendar
months, except the fame came to him within the time aforebid
by defcent, marriage, marriage fettlement, devife, or promotion
to any benefice in a church, or by promotion to an office 9 and
no perfon (hall vote in refpe(5l or m right of any freehold efttte
which was made or granted to him fraudulently, on purpofe to
qualify him to give his vote. Or (hall vote more than once at the
(ame eledticm ; and if any perfon (hall vote in any fuch eledKoa
contrary to the true intent and meaning hereof, he (hall forfeit
to ahy candidate for whom fuch vote fluU not have been given,
and who (hall firft fue for the fame, the fuiti of forty pounds,
to be recovered by him or them, his or their executors or adiai-
niftrators, together with full cofts of fuit, by adlion of debt^
in any of his Majefty's courts of record at Jreflminftery where-
in no e(roin, protedlion. Wager of law, privilege, or imparlance,
(halt be admitted or allowed ; and in every fuen adion the proof
(hall lie on fuch perfon againft whom the (ame was brought, un-
lefs the fad on which fuch aAion is grounded, be, the having
polled more than once at the fame eledtion .

V. And be it declared by the authority afbrefaid» That. op

publick or parliamentary tax, church or parifh rate or duty^ or

any other tax, rate, or a(reirment whatfoever, to be ailcfled or

levied within fuch cities or towns, being counties of themfelvi^

^as aforefaid, is or (hall be deemed or conftrucd to be any chliv

"payable out of or in refpedt of any freehold eftate within &

meaning and intention of this aft, or of the oath or folemntf-

firmation herein before dire<5led to beadminiftered to» and tato

by every freeholder, if required as aforefaid.

sheriff to al- VI. And be it further cnadled by the authority aforefaid. That

Iov» a ehequc the (lierifF or (hcriffs of any city or town, being a county «fit-

iwok for every felf, in that part of Great Britain^ called Ettgland^ or in hb or

poll book. ^^y^ abfence, his or their under (heriff or under fheriflFi, oriixli

other perfon as he or they (h^ll depute, (hall, at every eledioB

of any member or members to ferve in parliament for fucbciij

or town, allow a cheque book for every poll book for eadi t»

didate, to be kept by their rcfpejRive infpedors, at the pboe

where tlie poll for fuch elcdlion (hill be taKen or carried on.

Vn. And

The proof
where to lie,

Taxes not
within this
aa.

i74^ ] Anno decimo nono GfioROii 11. c. 28. 467

VII. And be it further enabled by the atithority aforefaid. Sheriffs to give
^hat from and tfter the faid twenty fourth day of JunCy one ^^^'^^^
thoufand feven hundred and fony fix, the OicrifF or (heriflfs "®" ' ^'
of every city or town, being a county of itfelf, and having a

right to cledl a inember or members of parliament by virtue of
the writ iffuing out of Chancery^ without any pfecept tnereupon,
tvithin that part oiGnat Britain called England^ (hall forthwith,
upon the receipt of the writ for elcdion of a rhember or mem-
bers to fervc in parliament for fuch city or town, caufe publick
notice to be given of the time and place of eleflion, and (hall .
proceed to eledion thereupon, within the fpace cf eijght days ^ecd to dec-
next after that of his receipt of the faid writ, and give three tion within s
days notice thereof, at leaft, exclufiveof the day of the receipt of da^rt after re-
the writ, and of the day of eleftion. ^^?^ ^ *«

VIII. And be it further cnafted by the authority aforcfaid, ^"^*
That in cafe any flierifF or under fheriff, prefiding at any elcc- ShenfR of-
tion of a member or members to ferv6 in parliament for any fuch f^'^^S*
city or town, being a county of itfelf, as aforefaid, within that

part of Great Britain called England^ (hall wilfully offend againft
or adt contrary to the true intent and meaning of this aft, every
fuch (heriff or under (heriff (hall be liable to be profecuted by in- may be, proie^
formation or indifhnent in his Majefty*8 court of KingU Bench cuted in the
at Wejiminfier^ or at the aflizes for the city or town where fuch ^ng'iBenchj
offence (hall be committed, in which no NoUprofequi^ or Otffat *
proceffus (hall be granted; any law, cuftotn, or ufagp to the
contrary thereof in any wife notwiihftanding.

IX. And be it further enacted by the authority aforefaid^ Plaintiffs ho#
That it (hall and may be/ufficient for the plaintiff in any adlion ^o proceed.
of debt given by this aft, to fet forth in the declaration or bill,

that the defendant is indebted to him in the fum of

and to alledge the particular offence for which the adtion or fuit

1i brought, and that the defendant hath afted contrary to this

aft, without mentioning the writ of fummdns to parliament, oir

ifie return thereof; and it (hall be filfBcient in any indiftmcnt

^rinformatibn for iny offence committed contrary to this aft,

*tb' sdlddge the particular offence charged upon the defendant,

'-'^i'xhki the defendant is guilty thereof, without mentioning

^fe'Writ of fummons to parliament, or the return thereof; and

-*iij>6h' trial of any iffue in any fuch aftion, fuit, indiftmcnt, ^

'infbrmation, the plaintiff, profccutor, or informer, (hall not

'^fkJ^Jbligcd to prove the writ of fummons to parliament, or the

return thereof, or any warrant or authority to the (heriff or (h«-

'^^fim grounded upon any fuch writ of fummons.

'■ X. Provided always. That every adHon, fuit, indiftment, OfsaJti tobe
•fhformation given by this aft, (hall be commenced within the commenced
''ftrtcfc of nine calendar months, after the faft upon which the within 9
'^•fehie is grounded (hall have been committed. montht.

'< XL And be it further cnafted by the authority ^'^'^^^^j statutes of
That all the ftatutes of jeofails, and amendments of fhe l>w jeofails cat,
"whatfoever, (hall and may be conftrucd to extend to all proceed- tended tofueK
. iqn in any aftion^ fuit, indiftment, cfr information given or procetdiags.

H h 2 allowed

^68 Anno dccimo nono Georgii II. c. 29. ['746.

* allowed by this adl, or which (hall be brought in purfuance
thereof.
Plaintiff dif- XII. Provided always, and be it further enadked by the au-
conrinuing, thority aforefaid. That in cafe the plaintiff or informer, in any
treb/*^*iEr^ aiKon, fuit, indi<5tmcnt, or information given by this a<ft, flufl
• ^^ *• difcontinue the fame, or be nonfuited, or iudgment be other-
wife given againft him; then, and 14 any ot the faid cafes, the
defendant againft whom fuch adlioa, fuit, or information (hall
have been brought, (hall recover his treble cofts.
Limitation of XIII. Provided always, and be it enafted by the authority
this a^ aforcfaid. That this aft, or any thing therein contained (other

than and except fuch claufes and providons as are by this aft
made for or concerning allowing cheque books, or for or con-
cerning notice to be given of the time and place of eledioo,
and proceeding to eledion thereupon) (hall not extend, or be
conflLrued to extend, to any city or town, being a county c^ ttfei^
or to any perfon or pcrfons, where the right of voting for m
, member or members of any fuch city or town is for or in fci*
pedl of burgage tenure, or where the right of voting for fod^
member or members, for or in refpeA of a fireehold, does not
require the fame to be of the yearly value of forty (hillings.

CAP. XXIX.

jtn.aBfor fettUng an additional revenue of twenty five thou-
fafid pounds upon bis royal bigbnefs William duke of Cum-
berland, and ibe beirs males of bis body^ for tbej^nd
fervices done by bis royal bigbnefs to bis country.
May it pleafe your moft excellent Majefty,

WHEREAS ^j^ thi glomus fuictfi with which it baipliafii
Almighty G$d U blifsy^ur Alajejl/s artm^ under the auffm"
am conduct of your Majeji/i dearly bmvei fin the dule of Cumha-
hnd, we may reafanobly hope for a happy andfpeedy end of theprt-
fent wicked and unnatural nbellion ; in return therefore fpc your
Majefty's unwearied care, and aifoftionate concern for the ^f<sV
and profperity of your people, of which the expofing a liff ^
juftly valuable to your Majefty, is a moft endearing prpof,^ we
beg leave to offer your Majefty the warmeft a(ruranccs of ttut
duty and loyalty wnich muft ever flow from hearts full of grit-
titude and affection : and that we may in fome meafurc exprpf^
•the deep (enfe we have of the indefatigable labours his royil
highnefs the duke of Cumberland has undergone, and the eon-
nent fervices he has performed, in the defence of your Majefty*
-«nd his country, we moll humbly bcfeech your Majefty iXnii'^
additional revenue may be fettled on his royal highnefs, ajid.tfte
heirs males of his body ; which proviiion, we pray Almighty
God, by the Jong continuance of his illuftrious line, may re-
main a> a lafting monument to all ages, of our refpe6t» gratitude,
and aifedtion for his roya! highnels the duke, to whofe diifin-
guiftied condudt and courage, under God> and your MajcSv,

1746.] Anno dccimo nono Georgii IL c. 29. 469

wc owe the pleafing profpcft of being fpccdily delivered from
the horrors and defolation that muft have accompanied the con-
tinuance of this deteftable rebellion : wherefore we your M ^ef-
ty's mod dutiful and loyal fubjcdts, the commons of Great Bri^
iain in parliament aflembled, do mod humbly befeech your
Majedy, that it may be ena6ted ; and be it enatfled by the
King's moft excellent majefty, by and with the advice and con-
£:nt of the lords fpiritual and temporal, ^nd commons, in thi^
prefent parliament aflembled, and by the authority of the fame.
That his royal highnefs William duke of Cumberland^ and the An annuity of
heirs males of his body, (hall have, receive, and enjoy, at the pjld^'fj^*^
receipt of the exchequer, one annuity, or yearly rent, or fum Sukc of Cum-
of^ twenty five thoufand pounds, of lawful money of Great Bri- berland, and
t^in^ out of the duties and revenues which compofe the fund, the hein
c^imonly called The aggregate fund^ and every or any of them JJ^^* oL^of
j^«ftcr paymg or referving fufficient to pay all fuch fum and fums the aggr^ate
x^ nymey as have been direAed by any former aft or afts of par- fund }
]j^fi][em. to be paid out of the fame, but with preference to all
^ber.,payQients which fhall or may hereafter be charged upon,
jc^^jxayitble oiit of the faid ag^gate fund) which faid annuity, to commence
or yearly* rent or fum of twenty five thoufand pounds, and every ^"*™ ^^^^'^
part thereof, fliall commence trom the feaft day of the annunci*^ payable quar-
atlon of the blefled virgin Mary^ in the year of our Lord one terly:
thoufand feven hundr^ and forty fix, (hall be paid and payable
^arterly to his faid royal highnefs, and the heirs males of his
£xl/, at the four moft ufual feafts or days of payment in the
"tear ; that is to fay, the feafts of the nativity ot Saint John the
&aptift. Saint Mnhoil the Archangel, the birth of our Lord
Chrift, and the s^nnunciation of the blefled Virgin Mary^ by
. evfen and equal portions ; the firft quarterly payment thereof, to
' t>^, made at the feaft of the nativity of Saint J^hn the Bailtift,
hl\;the year of our Lord one thoufand feven hundred andtdrty
iBc.

* n. Andbeit further enabled by the authority aforefaid. That '^reaAiry to
^ftlhaH and may be lawful to and for the commiflioners of his ^ire^l St au«
''Miyeft/s treafury now being, and the high treafurer and under- ditor to pafs
ireafurer of the exchequer, and commiflioners of the treafury debenture* for
'for the time being, and they are hereby authorized, impowered, P*^^^*^
tfnd required, by warrant under their nands, todircdt the audi- *"" ^*
Itor of the receipt of the exchequer, now, and for the time be-
ing, to makefonh and pafs debentures, from time to time, for
paying the faid annuity, or yearly rent or fum of twenty five
thoufand pounds, as the fame fhall from time to time,' become
due and payable, without any fees or charges to be demanded
or taken for paying the fame, or any part thereof; which faid
warrant, and the debentures to be made forth and pafled tbere->
upon, (hall be a fufiicient authority to the feveral and refpe<£tive
oflicers of the receipt of * the exchequer, now, and for the time
being, for the payment of the faid annuity, or yearly rent or
fum of twenty five thoufand pounds, to his faid royal highnefs
the duke, ana the heirs males of his body as aforefaid, at the

H h 3 rcfpecJUvo

^^Q Anno declmo nono Georgii II. c.29. [1746.

rtf{>e£live quarterly feaft days in this a£t before appointed for
payment thereof, without any further or other warrant to be
^ fued for, had, or obtained in that behalf.

The warrant UL And be it enabled by (he authority aforefaidj That «fi<7
not tobe dc- jj^^ figning of fuch warrant, the fame (hall be gopd> valid, and
tcrminaDiej gffecftual in law, according the purport and true, meaning there-
of, and of this ad, and fhall not be determinable or revokable
by or upon the demife of his Majefty (whom God long prefervc)
or of any of his heirs or fucceiTors, or by or upon tbe death or
removal of any of the faid commiffioners of the treafury or tbe
lord hj^h treafurer, or by or upon the determination of the pow-
er, ofiice or offices of them, or any of them.
' . ly* And be it further, enadcd by the authority aforefaid,

S^officcrs^f '^'^^^ ^^^ commiffioners of the treafury now being, and the
the exchequer high treafurer, or commiffioners of the treafury for the time he-
ro acl without ing, chancellor, and under treafurer, chamberlains, and barons
f^c* of the exchequer, and all other the officers and minifters of the

court of exchequer, and of the receipt thereof, now, and for
the time being, (hall^ and they are hereby authorised and ftrift-
ly enjoined and required to do without fee or reward, all fucl|
ads, matters, and things, as are herein before diredted and re-
quired, or (hall be necenary to be done and performed by tbetD,
or any or either of them, in order to render this aA> and theie*
yeral payments hereby dire£led, effectual.

V. And be it enafted by the authority aforefaid. That tbe

The duke's acquittance or acquittances, receipt or receipts of his faid royal

receipr, &c. hjghnefs ffWam duke of Cumberbnd^ and the hcira males of

his body, and of fuch other perfon or perfons as (hall be iotitlod

or authorizied to receive the (aid annuity, or yearly rent or fum

to be a fuffi- or any part thereof, (hall be a good and fufficient difcbarge for

cicnt dif- the payment thereof, without any further or other warrant, to

charge. y^^ f^^j f^j.^ y^^^^ ^^ obtained in that behalf, and that the faid

annuity, or yearly rent or funi, and every part thereof, (halt

Jxtt^xom^Ix ^ ^^^^ ^"^ ^^^*^ "^"^ all taxes, impofitions, and other puUicL

taxes. charges wbatfoever ; and in cafe any of the officers of tbe n^

ceipt of his Maje(ty's exchequer (hall refufeor neglect to pay dn

OflSccrs of the faid annuity, or yearly rent or fum, pr any part thereof, accoi^*

nonw^ to the tfuc intent of this ad; or to do any aA neceffiu^f la

' enable his faid royal highnefs, and thp heirs males of his bidf

to receive the (ame, then his faid. royal highnefs ^UluaBdvjki^

of Cumberland^ and the heirs males or his body, and (bchi other

perfon or perfons as (hall be intided to receive the faid anoiu^^

* ' or yearly rent or fum, or any part thereof, n^ay, from time .19

may be fued, time, fue, profecute, and implead fuch officers, or any of tbeinii

&c. their executors and adminiftrators, by bill, plaint, or a^fUon of

debt, and (hall or may recover judgements, and fqe our eitcai*

tions thereupon, againft fuch officers refpedtively^ their heusi

executors, or admini(trators, for fo much of fuch fum or iboM

of money then due and owing upon the laid annuity, yeady

rent or fum, or any part thereof, as (hall have been in toe hands

of the officer or officers of the receipt of the exchequer, at the

time

1 746.] Anno dedmo nono Gkorgii IL C 29; 4^1

time or times when demands (hall have been legally mad.e of the
payment of the faid annuity, yearly rent or fum, or any part
thereof as aforefaid, or for the refuial or negledt to do any adk
neceflary to be done by fuch officer or officers, to enable his
faid royal highnefs, and the heirs males of his body to receive
the fame.

VI. And it is.hereby enabled by the authority aforefaid, That '^^•^ annuity
the faid annuity, yearly rent or fum of twenty five thoufand X^?^^ i^thc
pounds, (hail be, and the fame is by this aft veiled in his faid hei« ^"^^of
royal highnefs, and the heirs males of his body ; and that the his body,
fame, or any part thereof, (hall not at any time or times here* not to be a-
after be aliened, conveyed, difpofed, charged, or incumberc4^*^"*^^^» ^^*
by his faid royal highnefs, or by any of the heirs males of his

body, for any greater or longer eftate or time than during the
natund life of the perfon fo aliening, conveying, difpoling,
^baipng, or incumbering the fame, or fo as to prevent the fame
from defcending to the heirs males in tail, according to the faid
IJmiettions.

VII. And be it further enaAed by the authority aforefaid, If by rcdemp.
That if ^t aiiy time or times hereafter, by the redemption of ^i^n of any of
wiy of the duties or revenues compo(ing the faid aggregate ifund, lu*/" [)*• ®^
there (hall not be fufficient monies ariling thereby to (atisfy and there "hall not
pay the faid annuity to his faid royal highnefs, and the heirs ariie fufficient
males oif his body, from tim^ tQ time, as the fame (hall become monies cer-
dueaiid' payable; that then (notwithftanding fuch redemption J**" ^"!"**^
%s aforefaid) the duties called the two thirds of a fubfidy of ton- ~»^»w?**
fiage apd poundage upon goods and merchandizes imported,

and the duties upon coffee, cocoa nuts, chocolate, cocoa pafte,
fett, nutmegs, cinnamon, cloves, mace, pidures, and mullins,
inUtbe indreafed dudes upon coffee, cocoa nuts, chocolate,
c6o6i pafte, tea, nutmegs, cinnamon, cloves, mace, and pic-
^urf s ; and the further rates and duties upon all white callicoes,
porcellan cMed China ware, and drugs; all which faid fub(i.
dies and duties are part of the faid aggregate fund, and are in*
tended to be continued, (hall be, and the fame are hereby en-»
^SteA to be continued, and (hall be fubjedt and liable to anfwer
ahd ptyout of the fame all the payments which (hall after fuch
nidemption grow due, for and upon the faid annuity, yearly rent^
iii'fam of twenty five thoufand pounds, to his faid royal high-
nefs the duke of Cumberland^ and the heirs males of his body ;
aM the (aid feveral fubfidies and duties fo to he continued, and
h^Miy made fubje6t and liable to anfwer the payments of the faid
inftnuity of twenty five thoufand pounds, or fo much thereof as
0iall be fufficient to pay the fame, are and (hall be hereby ap-
propriated, iffiied, and applied thereunto, during the continuance
of the fame annuity of twenty five thoufand pounds to his b\A
royal highnefs the duke of Cumberland^ and the heirs males off
Iris body ; any thing in this or any other a(5l contained to the
contrary notwithftanding.

H h 4 CAP,

\

474 Anno dccimo^ nono GeoRGII II. C 30. [ 1746.

CAP. XXX.

jin a if for the better encouragement of the traJeofbis Ma-
jejifs fugar colonies in America.

FO R advancement of the trade of Us Majefffs kingdom ofGrtii
Britain, to and in the feveral Britim fugar colonies in th
Weft Indies in America, for the better encouragement of his Ma-
jefy's/hips^ and private Jhips of war ^ and the annoying and' ixm-
mjbing the power and wealth of his Majcfifs enemies in thofe parts ;
undfor the increafe of /hipping and feamenfor thefe and other fervius\
be it cnafted by the King's moft excellent majcfty, by and with
the advice and confent of the lords fpiritu^il and temporal, and
commons, in this prefent parliament aflemblcd, and by the
Mai-inert be- authority of the fame, That no mariner or other perfon who
longing to (hall ferve on board, or be retainedvto fcrvc on board any priva-
privatccri, or ^gg^^ q^ trading fhip or veffel, that fhall be employed in any of
Lot toiei'm.* the Britijh fugar colonies in the Wefl Indies^ in America^ nor
prefTed in the any mariner or other perfon being on (hore in the faid Britijb
Weft Indiesj fugar colonies, or any of thiem, (hall be liable to be imprefled or
taken away, or (hall be imprefled or taken away, in or from
any of the faid Britijh fuear colonies, or any of them, or any of
.^ the ports tjiercof, or at tea in ihofc parts, by any officer or offi-
' cers of or belonrine to any of his Majefty's (hips of war, jm-
powered by the lord high admiral of Great Britain or the lords
commiiTioners for executing the office of the )ord hi^h admiral
pnlefi they of Great Britain for the time being, or anv other perfon whatfo-
jhalihaycdc- ^yer, unlefs fuch mariner (hall have before deferted from fuch
his Maiefty's ^'P ^^ ^^^ belonging to his Majefty, at any time after the twenty
(hips. fourth day of June^ one thoufand (even hundred and forty fix,

upon pain that any ofiicer or officers fo impreffing or faking away,
of caufing to be impreiTed or taken away, any mariner or other
perfon, contrary to the tenor and true meaning of this aft, (hall
pcnaly 50I. forfeit to the mafteror owner or owners of any fuch (hip or vef-
fel, the fum of fifty pounds for every man he or they (hall lb
imprefs or take ; to be recovered with full cofts of fuit in any
court of record within any part of his Majefty 's dominions.

II. And for preventing the defertion of any mariners or Ifa-

men from his Majefty's ftiips of war, in any of the pgrts afore-

Maftersof pri. faid, to any fuch trading or privateer (hip or vctkX as aforefaid;

vateers and be it further enaiS^ed by the authority ^forefaid. That every

fSto^n^quire ?"^^^^ °^ Commander of^ fuch trading or privateer (hiporvcflrl j

if fuch ma- as aforefaid, (hall, before he (hall receive or entertain in any of

finer hath de- the parts aforefaid, any mariner, feaman, or other perfeni to

(cited from a ferve on board fuch privateer, or trading (hip or vcflfel, cndei-

htFoTt-th^^ vour (by all the ways and means that he reafonably and c^v^

entertain him pi^ntly may or can) to difcover whether fuch mariner, feaman,

kc. pr other perfon hath deferted from any of his Mdjefty*s ihips/ or

fhip of waf in any of the parts aforefaid ; and in cafe any fock

mafter or commander ftiall receive or entertain any mariner, (et-

man, or other perfon on board fuch trading (hip or privftteer ai

aforefaid, without fuch reafonable endeavour for fuch difcovery

firit had and madet or wbicb he ffis4I know^ pr be i^oroKi,

174^.] Anno decimo nono Georgii II. c* 30. 473

hath dcfcrted from any of his Majcfty's (hips, or (hip of war, in
any of the parts aforefaid, fuch matter or commander (hall for-
feit to the King's majefty, his heirs and fucce(rors, the fum of
fifty pounds, for every man he (hall fo receive or entertain, to p ^ .
I^e recovered^ with full cofts of fuit, in any court of record, with- ^" ^ ^^
in any part of hi6 Majefty's dominions.

III. And for the more eflFedtual preventing merchant (hips or
privateers in any of the parts afore&id, from harbouring or en-
tertaining any feamen who (hall defert his Majefty's fcrvice in
any of the parts aforefaid, be it further enaded by the autho-
rity aforefaid. That from and after the faid twenty fourth day of Lifb, &c. of
^une one thoufand feven hundred and fony fix, every matter of ^ ^" ^
a merchant (hip or ve(rel^ and commander of a privateer, (hall, delivered ^
before he (hall fet fail from any port of or belonging to the faid the officer of
Britijb fugar colonies, or any ot them, deliver to the chief offi- the por^» hj
cer of the cuftoms of the port from whence he (hall (ct fail, an ^* ^c^mL
€xa<ft lift of all the men belonging to fuch morchant (hip orvef- ^'® ▼«««•
iel, or privateer, containing their names, ages, and defcriptbni

of their perfons, upon pain that he fliall forfeit the fum of ten Penalty id*
pounds to his Majefty, his heirs and fucceflbrs, for every fuch
man he (hall To receive and entertain on board, whofe name
ihall not be inferted in fuch lift, to be recovered with full cofts of
fuit, in any court of record within any part of his Majefty's do-
minions.

IV. And it is hereby further enadled. That fuch officer of the Copy of the
cuftoms do return to fuch mafter or commander an attcfted co- lift to be re-
py of fuch lift fo delivered to him ; and that upon the death or turned, &c.
alteration of any feaman, the (aid lift be immedittely altered,

and delivered to the naval officer, or chief officer of the cuftoms,
in any port where fuch merchant (hip or veflTel, or privateer,
(hall arrive in manner as aforefaid ; all which (aid lifts ftiall, xhe lill« to be
from time to time, be produced and (hewn to any of the cap- (hewn to cap-
tains, or other officer of any of his Majefty's (hips of war de- '*^"* of men
mandin^ the fame; and if anv man or men belonging to any of Mcn*belonr-
his Majefty's (hips of war, mall be found on board any mer- jng to any of
chant (hip or ve(rel, or privateer, whofe name (hall not be con-* the m^n of
tained in fuch lift as aforeiaid ; the mafter or commander of J^^'*_^»"5*-
fuch veffel or privateer ftiall forfeit to his Majefty his heirs and -^JS^'i^ *^
(ucceflTors, the fum of fifty pounds, for every fuch man which the mafter to
(ball be (b found on board, to be recovered in manner as afore- foifeit joL
did.

V« And for the better furniftiing feamen to ferveon board his Ma(len, Uc.
Majefty's (hips of war, which (hall be in or about the fever al tp carry mari«
parts aforefaid in jfmirin^y for annoying the enemy, and pro-^ 2?^?^^%^^
icaiog the trade there, it is hereby further cnafted. That the vkeVt25hc
mafter or commander of every trading ihip or veflel, and every port' the vefle|
packet boat, which (hall, from time to time, from and after » bound Jb^.
the faid twenty fourth day of Jipu^ one thoufand feven hundred
and forty fix, be outward-tiound, and going for any of the
parts aforefaid in. America^ ftiall be and are hereby obliged (at
Ibr defire of any oS bi3 M^^efty's officers thereunto lawfully au-
thorized.

474 Anno decimo nono Georoii IL c. 36. [174&

thorized, and at the charges of his Majefty, to be paid in man-
ner herein after mentioned) to recdve on board, and carry to
the port or place whereto fuch trading (hip, vcflel, or packet
boat, (hall be fo found, and there deliver to fuch officer or per-
fon to whom they (hall be a(ngned, any number of mariners,
feamen, or other perfons aAually entered into his Majeft/s Tea
fervice and pay (over and above the complement of marinenor
feamen with fuch trading (hip, veflel, or packet boat ufually
carries, or which (hall be fuincient for navigating the (ame for
fuch intended vovage, not exceeding the proportion of a fifth
part of the numoer of fuch ufual or fuflkient conr»pIement of
mariners or feamen) upon pain of forfeiting the fum of fiftv
Penally 50I. pounds, for every fuch (eaman or mariner that he or they flon
refufe to take on board and carry ; or, after having received on
board, (hall willingly permit or fuflfer to efcape^ to be paid and
recovered as aforefaid.
Mafters, &c. VI. And it is hereby further enadted by the authority afore-
to iign an ac- faid. That the mafter or commander of every trading (hip or
kno^'*^lf* yc(rel, and every packet boat, upon receiving fuch mariners,
mcn^wceivcd feamcn> «" ^«her perfons on board, for his Majcfty's fervice,
j^c. ' in manner aforefaid, is hereby required to (ign an acknowle^^

ment in writing, of his having received fuch mariners, feamen,
or other perfons on board, in order to carry and deliver f hem to
fuch o(ficer or perfon to whom they (hall be fo affi^ned as afore%
* faid, and to deliver the fame to fuch of his Majefty's oflicers
who (hall (hip the faid mariners, feamen, or other perfohs, oo
board fuch trading (hip, veflel, or packet boat, who is to by
' to be laid be- the fame before the commiflioners of his Majefty's navy, wbfcn
fore the com- fu^h officer is hereby required to do ; and fuch matter or com-'
[Kvy? mander of every fuch wwllng (hip, ve(rel, and packet, (haB;
^' within fix months after his fo receiving any fuch mariners, (ea-
men, or other perfons on board, for his Maje(ly's fervice, pro-
duce and deliver to the faid commiflioners of his Majefiy's navy
Certificate ^ certificate in writing, under the hand of the commander in
from the com- chief of his Majed/s (hips of war in the IVtJi h^ts^ or of the
mandtr, &c. commander or captain of fome one of his Majefty's (hips jJt war
bein^^^ved'" ^'^^ Weft Indies y that fuch commander or oflicer hath nocived
to'bFproduc- the faid mariners, feaman, or other perfons on board his Jkfa-
ed tothecom-jefty's (hips, or fuch of them as fuch commander or ofiicer (ball
miffionert } receive, which certificate fuch commaiider in chief, or comman-
der or captain of his Majefty's (hips or (hip of war in the Wt^
Indies^ are hereby required to give, upon receiving oh board his
Maje(ly's (hips or (hip, the faid mariners, feamen, or other
perfons from on board the faid trading (hips, veQels, and pack-
. et ; and upon producing and delivering fuch certificate, the cow

themn pay ni'^^'^^r* ^ ^** Majefty's navy are hereby authorized and re-
ihe charges of quired to pay to the.mafter or commander of fuch trading (hip^
carryiK^the vefifel, 6r packet, for the charges and expences of (b carrying;
men. the faid mariners, feamen, or other perfons, at and after the

rate of fix pence per diem for each mariner, (eaman, or other
perfon» whofe name ihali be contaiiicd and fct forth in die Aid

746.] Anno decirpo nono Gjborgii IL q.31. 47$

crtificate from the comnfiander in chief, or commander at
aptain of his Majefty's (hips or (hip of war in the ff^'ifi Indies^ xq
»e fo produced and delivered to the (aid comrnKTioners of his Ma-
jfty's navy, from the time of their being fjrft-received on board
he fald trading (hip, veflel, or packet, to the time of their be-
ng fo delivered and received on board his Majefty's (hips or
hip of war in the fVeJl Indies as aforefaid«

VII. Provided neverthelefs, and it is liereby enaAed by the in what cafct
authority aforefaid. That in cafe of any threatened of adtuat in- mariners may
•afion ot any of his Majefty's faid colonies in 4Meruay or in cafe ^ imprc(rcd j
)f any other unforefeen and emergent nece(rity pr occafion re«
}uiring the fame, it (hall and may be lawful to and for the com-*
xiand'ers and captains of his Majeilv's (hips of war, (Rationed,
}r being in any of the parts aforefaid, with the concurrence, ap*
;>robation, and confent of the governor and commander in chief,
and of the council for the time being of the faid colonies, or any
of them, but not otherwife, toimprefs fuch a number of mari-
ners or feamen to ferve on board hi$ Majefty's faid (hips of war
IS (hall be nece(rary and fufticient to make up the ufual and fuffi-
cient complement of mariners or feamen belonging to each of
tht faid (hips, fuch mariners or feamen fo impreffed being dif*
charged, if they require thq fiA^e, fo foon as the fervice for
which they were fo impre(red is performed ; which difcharge ^^ ^^^^i^
each captain of his Majefty's (hips, whom it may concern, is difcharget,
hereby required to give i and in cafe of his refu(ing or delaying
the fame, is hereby made fubjeA and liable to pay the penal^
of fifty pounds to the party aggrieved, to be recovered, with full
cofts of fuit, in any court of record within any part of his Majef*
ty's dominions ; any thing herein before contained to the con«
trary thereof in any wife notwithftanding.

CAP. XXXI.

jii$ aSfor granting to bh Majefy a certain fum of money out
of the finking fund^ for the fervice of the year oneihou-
Jand feven hundred and forty fix \ and alfo for enabling
bis Majefty to raife a furtber fum of money for tbe ufes and
furpofes therein mentioned \ and for the furtber appropri-
ating the fujplies granted in tbisffffion of parhament 9^
and for making forth duplicates of exchequer bills ^ lottery
tickets^ rec^ptSy annuity orders^ or other orders^ loft^
burnt ^ or otherwife diftroyed.

Mojl gracious Sov^eign^

WE your Majefty's moft dutiful and loyal fubjeds, the comi-
mons of Great Britain^ in parliament attembled, being
deftrous to raife the neceflary fupplies, which we have cbeerfuU
ly granted to your Majefty in this feffion of parliament, for tht
jlervice of the year onetbou(and feven hundred and forty fix, in'
tbeeafieft manner we are able, for the benefit of your Ma*
jefty'sfabje<^S asmI alio to ufe fuch ways and meant therein aft

that

47^ Anno decimo nono GeorGII IL C. 31; [174S.

that your Majefty may have the better and more fpeedy eSipd of
the faid fupplies, have refolved to give and erant unto ydiir
Majefty the fum of one million, out of the fur^juilefi, excefib,
and overplus monies, commonlv called The Sittkh^ Fund: and
to that end and purpofe do mo(t humbly befeech your Majcftf
that it may be enadted ; and be it enaAed by the King*s moft
excellent msnefty, by and with the advice and confent <^ the lords
fpiritual and temporal, and commons, in this prefent parlia-
ment aflembled, and by the authority of the fame. That by or
out of fuch monies as now are, or (hall from tinie to time be
and remain in the receipt of the exchequer, of the £iid furphif-
fes, excefles, or overplus monies, commonly called Thi SMif
jFlMr^ (after paying or referving fuflicient to pay all fuch fum and
fums of money as have been direded by ^ny former a A or aAi
One milUon ®* parliament to be paid out of the feme) there (hall and imy
granted out beiiTued, and applied, a fum not exceeding the faid fum of oiie
of the finking million, for and towards the fupply granted to his Majefty £x
fund. ii^g fervice of the faid year one thoufand feven hundred andfoFr

ty fix I and the commiffioners of his Majefty*s treafury, or any
three or more of them now being, or the high treafurer, or any
three or more of the commiffioners of the treafury for the tim
being, are hereby authorized and impowered to iflueand nfgij
the fame accordingly • .,\

S^j^^A^f ^^? ^^- ^^^ "^ "• hereby cnafted by the authority aforefsiidf TW
at4/./#r <eni. j^ ^^f^ ^j^^ ^y commiffioners of^ his Majefty's treafury, oi^

three or more of them now being> or the high treafnrer, of:^
three or more of the commiffioners of the treafury for the 419):
being, (hall think it advifeabie to raife the faid fum of one voS^
lion, or any part thereof, by loans or exchequer bills, in qM%
ner hereafter mentioned, that it (hall and may be Lawiul so a^
for any perfon or perfbns, natives or foreigners, bodies poliiufk
or corporate, to advance or lend to his Ntejefty, at the receipt
of his MajeAy's exchequer, any fum or fums of money .uofrei^
ceeding the faid fum of one million, upon the credU-af-tb^fH^
furplufles, exceffes, aqd overplus monies, CQmaaooly'.qilM
Tii ShtUng Fund ; and to have and receive for jth^^rbc^ir^vM^
of the money lent, intereft after a rate not exceeding fiat^irppyq^
per centum per annum^ fo as fuch loans be allowed to \^ niUda jiy
the faid commiffioners of the treafury, or any three qsK^Mfi^^
them now being, or the high treafurer, oranythr€e-or,^qi«,9f
Ihf commiffioners of the treafury for the time being,c-^QJii;c
hereby authorized to iflue their warrants for that pur{M>Gr j|^ ^
as fuch loans (hall be wantedfor the publick fervice; andx'19^-
over that no money fo to be lent on the fecurity of this.a& fl^
be rated or aileflcd tpahy tax or afleflfment whatfoever.. . p. -^^
III. And be it further enadied. That all and every pcr^nafl
perfons who fiiall lend any money upon the credit of this:a^.ais
aforefaid, and pay the fame into the receipt of the excheqiKf*
(hall immediately have a tally of loan ftruck for the £imc».aiM
an order for bis* her, or their repayment, bearine the famc4if^
ffith his, her, or their tally, it^ or upon which order (hall ly j^lb
jjoftttincd a warrant for payment of intereft for the fbrbear»ice

thereof«

Talltef md
i>rden for
rcfMiv*nent.

^4^.] Anno decimo nono Georgii II. c. 3 1 . 47 ;r

ier€of, not exceeding the faid rate of four pounds per centum Ordm 10 be
r annum^ and to be paid every three months, until the repay- ^^^^^^^^
entof the principal; and all fuch orders for repayment ©f P**^"**^ »
oney fo to be lent fliall be regiftred in courfe according to the
ites refpe^tlvely ; and that all and every perfon and perfons
lall be paid in courre, according as their orders (hall ftand re-
tired in the faid regifter books, fo as the perfon or perfons, na-
yes or fore-gners, his, her, or their executors, adminiftrators,
• afllgns, who (hall have his, heir, or their order or orders 'firft
itered in the faid books of regifter, (hall be taken and account-
I to be the fird perfon or perfons to be paid out of the £ud
rrplutTes, excefles, or overplus monies ; and he, (he, or they,
ho (hall have his, her, or their order or orders next entered,
kail be taken and accounted to be the fecond perfon to be paid,
tid fo fuccefTively and in courfe ; and that the monies to come
I, of, or for the faid furplufTes, exceiTes, or overplus monies,
atrimonly called Tlye Sinking Fundy as aforefaid, (hall be in the
ime order liable to the farisfi<ftionof the faid refpeAive perfons, without un-
ad body or bodies politick or corporate, their executors, ad> fj|^^*
liniftrators, fucceffors, or afTigns refpedively, without any un-
ue preference of one before another, and not otherwife ; and
lall hot be diverted or divertible to any other ufc, intent, or
urppfe whatfoever (other than fuch ufes and purpofes as are
ppointed by any other adl or ads of parliament in that behalf
i aforefaid ;) and that no fee, reward, or gratuity dirc<SHy or in- Nd fee forre-
lireftly (hall be detnandcd or taken of any of his lVIaje(W'8 fub- g»«««ng»«c-
eAs for providing or making of any fuch books or reginers, or
ny entries, views, or fearches in or for payment of money lent,
T the intereft thereof as aforefaid, by any of his Majefty s o(H-
cr or officers, their clerks, or deputies, on pain of payment of
reWe damages to the party grieved by the party offendmg, with
uH co(ls oMuit; or if the officer himfelf take or demand any
uch fee or reward, then to lofe his place alfo > and if any undue
lirefcrencc of one before another (haJl be made either in point of ?*"* *^g^^*
cgiftry or.payment, contrary to the true meaning of this a<ft, by ^n^f
irty luch officer oi officers, then the party offending (hall be h-
ibie by'affion of debt, or oti the ca(e, to pay the value of the
lebt with fall cofts of fuit to the party grieved, and (hall be
brejudged bf his placf or office ; and if luch preference be un-
luly made by any his deputy or clerk, without dire<5tion or pri-
^Hy of his mailer, then (uch deputy or clerk only (hall be liable
1^ fuch tifUon, debt', damages, and cofts, and mal] be for ever
Kfte^ incapable of his place or office ; and in cafe the auditor of
tHe receipt (halt not direA the faid orders of loan, or the clerk
df the pells record, of the telkr make payment upon fuch order,
itfcbrding to each perfon's due pTace and Order as before direA-
^, then he or they (hall be adjudged to forfeit, and the refpec-
thre deputies and clerks therein c^endirtg, to be liable to fuch
liS^iofi, debt, damages', and cofts, in fuclv manner as aforefaid ;
ill which faid penakies, forfeitures, damages, aiid cofts, to be
iocunred by aiiy of the officers of the exchcquer^or anv their

^ • deputies

478 Anno dcdmo nono GBORGti H. C. 31. r^74<^-

deputies or clerks, rtiall and may be recovered bv adWon of debtj
bill, plaint, or information, in any of his Majefty's courts of re-
cord at IVeflminfteri wherein no eflbin, protection, privilege,
wager of law, injunfHon, or order of reftrainc (hall be in any
wife granted or allowed.
No undue ^^ ' ^^^^^^ always, and it is declared. That if it (hall hap-

preference, pen that feveral tallies of loans or orders for payment as afore^
{vhere tallies (aid, bear date, or be brought the fame day to the auditor of the
are dated, &c. receipt to be regiftrcd, then it (hall be interpreted no undue pre-
tlic fame day. fg^cnce which of thofe be entered firft, fo as he enters them aH

the fame day.
Mor if fubfe- ^" Provided alfo, That it (hall not be interpreted any undue
quent MtSen preference to incur any penalty in point of payment, if the au-
be paid before ditor diredl, and the clerk of the pells record, and the tellendo
ittch as were pay fubfequent orders to perfons that come and demand their
■ot demand- monies, and bring their orders, before other perfons that did
not come to take their monies, and bring their orders in courfe,
fo as there be fo much money referved as will fatisfy precedent
orders, which (hall not be otherwife di(pofed of, but kept for
them ; intereft upon loan being to ceafe from the time the mo-
ney is fo referved and kept in bank for them.
^^ ^ Vl. And be it further enaAed, That all and every peHbn and

Mtm^^sw- P^fo^^ ^^ whom any money (hall be due for loans to be regi-
^, (bred by virtue of this aft, atter order entered in the book of rc-

giftry as aforefaid, h?s, her, or their executors, admini(lnitors,or
afligns) by proper words of a(rignment to be indorfed and writ-
ten upon his, her, or their order, may aflign or transfer his,
her, or their right, title, intereft, aqd benefit of fuch order, or
any part thereotto any other ; which being notified in the office
of the auditor of the receipt as aforefaid, and an entnr o^ me-
morial thereof alfo made in the book of regiftry aforefaid for or-
ders (which the officers (hall upon requeft without fee or chain
accordingly make) (hall intitle fuch a(fignee, his, her, or .tfatir
executors, adminiftrators, fucce(rors, and afH^ns, to the beneft
thereof, and payincnt thereon, and fuch aflignee mav iii Bkc
The affign- manner affign again, and fo toiies quotiis ; and afterwards it (baB
bc'voidcd*^ not be in the power of fuch pcrfon or perfons who have or hatb
made fuch afTignment, to make void, releafe, or difcharge tt^
fame, or any the monies thereby due, or any part thcfeofT . -

VII. Ana to the end there may be no want or failure 6f at-
tain fum not to exceed in the wliole the faid (urn of one miHbi^
to be raifed either by fuch loans as aforefaid, 6r by. ifltilrffi ejt-
Treafurv mav <^hequer bills as is herein after mentioned, or by lioth of alth^
make new ex- of thofe ways or means for the publick fervice ; be it further^
chequer bills a^ed by the authority aforefaid. That in cafe the commtfilbri^
for raifmg the of his Majefty's treafury, or any three or more of them itpwbe-
^ one mil- -^^g^ ^^ ^^^ j^igh trcafurer, or any three or more of the cbirtWt
* fioners of the treafury for the time being, (hall judge it more

idvifeable to raife the faid fum of one million or any part th^-
of, by exchequer bills, inftead of fuch loans as atordiiid, that
then ihey refpedtively are hereby authorised and itfipo^creJit

any

1 746.] Anno decimo nono GjsoROii 11. c« 3 1 • 479

any time or times td prepare and make, or caufe to be prepared

and made at the exchequer, any number of Jiew exchequer bills,

for any fum or fums of money not exceeding in the Vfholt the

faid fum of one million, together with fuch loans as aforelaid,

lYi the fame or like manner, form, or order, and according to

the fame or like rules and direSions, as in- and by a certain aft

ef parliament for granting an aid to his Majefty by a land tax^

for the fervice of the year one thoufand feven hundred and forty 19000^.0.3.

fix, are enabled and prefcribed concerning the exchequer bills

to be made in purfuance of the faid acSt^

VIII. And be it further enafted b]r the authority afofefaid, _. '
That all and evciy the elaufes, provifoee, powers, privileges, ?J/rwili to
idvantag^s, penalties, forfeitures, and difabilities, contained in Se fubjea to
the (aid la(l-mentioned zSt relating to the loans of exchequer the fame re.
biUs authorized to be made by the fame zA (except fuch elaufes gulations.
as do charge the fame oh the aids, taxes, or affeflinents granted
by the fame aft) (hall be ap^ied and extended to the exchequer
tiills to be made in puifuance of this aft, as fully and effeftual*
ly 10 all intents and purpdfes as if the faid exehequer bills had
Ixben orij^ally authorized by the faid laft mentioned aft, of^as
if the faid feveral elaufes or proYifoes had been particularly re«-
peated or re-enafted in the body of this prefent aft.

. IX. And be it enafted by the authority afbrefaid, That all Excbeqner
th^ e^cchequer bili^ as (hall be made in purfuance of this aft, bmsT&c!^
. afid the interefV, prethiuiti, i%te, and charges incident to, or at- be repaid oat
tending the fame, (hall be and are hereby charged and clurge^ of the finidng
a})le upon, and (hall be repaid and borne by or out of the grow*- "^^*
log produce of the faid furplufles, excefles, or overplus monies,
commonly called The Sinking Fund (except fuch monie9 of the
faid finking fund as are appropriated to any particular ufe or ufes
by any former or other aft or afts of parliament in that behalf)
and fuch monies of the faid (inking fund (hall and may be iflfued
and applied, as fad as the fame can be regularly fiated and af-
cortained, for and towards the paying off, cancelling, and dif*
charging fuch exchequer bills, intereft, premium, rate, or
phargi:s, until the whole of them (hall be paid off, cancelled, and
Hiicharged, or money fufRciem for that purpofe be kept and re«-
l^rved in the exchequer, to be payable' on demand to the re^
fpeftive proprietors thereof.

^ . X. And for the better enabling your Majelly eflPeftually to
fupprefs the prefent rebellion, to carry on the war with vigour,
)md make good fuch treaties as arc or (hall be made with your
I^ajedy's allies, your faid dutiful and loyal commons have alfo
freely given and granted unto your Majefty the further fum <rf"rhc farther
five hundred thoufand pounds, to be raifed in manner herein ^""^ ®^ .
after mentioned ; be it therefore enafted by the authority afore- |?^it3/
faid. That it (hall and may be lawful to and for the King's moft His Miq'efty
excellent majefty, by wdirrant or warrants under his royal fign by ^ign ma-
manual, to authorize and impower the commiffioners of his"^J|V*®^'
Majefty's treafury, now or for the time being, or any three or S-«Uiiry t» 1^
to^ore of them, or the lord high' treafurer for the time being,; at ceive leans,
2 any

480

or make ex-
chequer billt.

Regulations
concernifij^
the exchequer
bUls.

Loans» &c.
to carry 4 1,
per cent,
mterclt.

payable out
ot the firft
fuppUes,

or ^I'jri^^
Fund.

Anno decimo nonio GborgH VL. e. 3 1. [17461,

any time or times before the twenty fifth day of December^ one
thoufand feven hundred and forty fix, to caufe or direct any
loans to be taken or received at his Majefty's exchequer, from
any perfon or perfons, natives or foreigners, body or bodies po*
litick or corporate, or any number of exchequer bills to be
made out there, for any fum or fums of money, not exceedh^
in loans and exchequer bills together, in the whole, the fail
fum of five hundred thoufand pounds, in the fame or like onan-
ner, form, and order, and according to the fame or like rules
and dire(5tions, as in and by the before mentioned a£t of this
prefent fefiion of parliament (for eranting an aid to his Majefty
by a land tax, for the fervice of the year one thoufand feverf
hundred and forty fix) are ena&ed and prefcribed, concerning
the loans or exchequer bills, to be taken or made in purfuance
of the faid adl.

XL And be it further enadled by the authority aforcfiid,
That all and every the daufes, provifoes, powers, privilesrs,.
advantages, penalties, forfeitures, and difabilities, contained r.i^
the faid laft mentioned a<ft, relating to the loans or exchequer-
bills, authorized to be made bv the nme ad (except fuch cbules-'*
as do charge the fame on tne rates, duties, and aflreirineAtf||

frrantcd by the fame a<5l) (hall be applied and extended lo'tBrF
oans and exchequer bills to be made in purfuance of this'a^
as fully and effedually, to all intents and purpofes, as if th^
fame loans or exchequer biHs had been ori^nally authorized bf^*
the fiid laft mentioned adt, or as if the uud feveral claufes ^
provifoes had been particularly repeated jmd re-ena^ed in the^
body of this adt.

XII. And be it further enacted by the authority aforefeid,
That all fjch loans or exchequer bills, not exceeding five hun-
dred thoufand pounds as aforefaid, as (hall be taken in, or made
forti) in purfuance of this ad, may refpedtively be made to bear
or carry an intersft, premium, or rate, not exceeding four
pounds per centum per annwn ; and all fuch loans or exchequer
hills, together with the interell, premium, rate, and charges in« *
cident to, or attending the fame, (hall be and are hereby diar^
ed and chargeable upon, and (hall be repaid, or borne by or out:
of the 6r(l aids or fuppiies, whiph (hall be granted in pariiameot '
next after the twenty ninth day of September^ one thoufand fcntl \
hundred and forty iix ; and in cafe fulficient aids or fuppiies for ^
tint purpofe (hall not be granted ^before the twenty fbtidk |
day of Jt^ne^ one thoufand feven hundred and forty (even, thfli' '
all and. every the faid loans or exchequer bills, with the intcrdl,
premium, rate, and diarges incident to or attending the fame,
ihall be and arc hereby charged and chargeable upon fudi
monies, as at any time or times at or after the faid twenty
fourth day of Juniy one thoufand feven hundred and forty feven,
(hall be or remain in the receipt of the exchequer, of the faid
furplu(res, exce(res, or overplus monies, commdnly called the
Sinking Fund (except fuch monies of the faid finking fund as nt
appropriated to any particular ufe or uf<^ by any tonncraftor

a^

174^0 Anno decimonono Georgii II. C 31. 481

a<5ts of {)arliament in that behalf) and fuch monies of the faid
iinking fund fhall and may be iflued and applied, as faft as the
fame can be regularly dated and afcertained, for and towards
paying off, cancelling, and difcharging fuch loans or exchequer
bills, intcrcft, premium, rate, or charges, until the whole of'
them (hall be paid off, cancelled, and difcharged, or money
fufBcient for that purpofe be kept and rcferved in the exchequer,
to be payable on demand to the refpeiStive proprietors thereof.

XIII. Provided always, and be it ena<5led by the authority Monies paid
aforeiaid. That whatever monies (hall be fo iliued out of the <>"t?f the
faid furplu(res, excelTes, or overplus monies, commonly called ^l^rerfaMd
the Siniing Fund^ Ihall from time to time be replaced by and ^ ■ *
out of the firft fupplics to be then after granted in parliament ;

any thing herein contained to the contrary notwithftanding.

XIV. Provided always, and be it enacled by the authority The land tax,
aforefaid. That all the monies coming into the exchequer, either
by^loans or exchequer bills, upon one a(5t of this fefTion of par-
liament, intituled. An aSi for granting an aid to his Majejly by a

land taxy to be raifed in Great Britain, for the fervice of the year
mu tboufand feven hundred and forty fix ; and fo much money (if
any fuch be j of the tax thereby granted, as (hall arife or remain,
^ftor all the loans or exchequer bills made or to be made on the
fiune adl, and all the intered, premium, rate and charges there-
on, and the charges thereby allowable for raifmg the faid land
tax, (hall be fatisfied, or money fufiieient (hall be referved in
the exchequer to difcharge the (ame ; and all the monies com-
ing into the exchequer, either by loans or exchequer bills, upon
one other ad of this fe(rion of parliament, intituled. An a6lfor *j^ ^ -
€ontinuing the duties upon malt^ mum^ cyder ^ and perry y in that part '

4f Great Britain, called England, and for granting to his Majejiy
4^rtain duties upon malty munty cyder ^ and perry^ in that part of
Great Britain called Scotland, for the fervice of the year one thou^
Jandfeven hundred and forty fix ; and fo much money (if any fuch
be) of the duties, thereby granted, as (hall arife or remain after
ajl the loans or exchequer bills made, or to be made on the fame
a6t, and all the intereft, premium, rate, and charges thereon,
and the** charges thereby allowable for raifing the faid duties,
(hall be fatisfied, . or money fufBcient (hall be referved in the
exchequer to difcharge the fame ; and alfo all the monies com-
ing imo the exchequer 'by fale of annuities, after the rate of Annuides,
four pounds per centum per annum^ and by contributions by way
of a lottery, upon one other a6t of this feiTion of parliament
(intituled. An a^ for granting to his Majefiy feveral rates and du^ and dutiei
$ies upon glafsy and upon fpirituous liquors \ and for raifing a certain W^^ Kl»f»*
fum of money by annuities and a lottery^ to be charged on the faid rates
and duties ; and for obviating feme doubts about making out orders at
the ex chequer y J or the monies advanced upon the credit of the fait du--
ties J granted and continued to his Majejly by bn aSf of the laji fejfion
of parliament \) and alfo the (urn of one million five hundred
thoufand pounds, by this a(5l granted, (hall be further appro- ^
priated and applied, and are hereby appropriated for and towards
^VoL. XVfll. li the

480

or make ex-
chequer bills.

Regulations
concernifij^
the exchequer
bUls.

Loans, Sec,
to carry 4 1.
per cent,
mterclt.

payable out
ot the firft
fuppUes,

or StMkiMg
Fund.

Anno decimo nono GboRGH VL. c. 31. [17461,

any time or times before the twenty fifth day of December^ one
thoufand feven hundred and forty fix, to caufe or dired any
loans to be taken or received at his Majefty's exchequer, front
any perfon or perfons, natives or foreigners, body or bodies po-
litick or corporate, or any number of exchequer bills to be
made out there, for any fum or fums of money, not exceeding
in loans and exchequer bills together, in the whole, the did
fum of five hundred thoufand pounds, in the fame or like oun-
ner, form, and order, and according to the fame or Iik« rules
and directions, as in and by the before mentioned a£t of this
prefent fefiion of parliament (for eranting an aid to his Majefty
by a land tax, for the fervice of the year one thoufand feverf
hundred and forty fix) are ena&ed and prefcribed, concerning
the loans or exchequer bills, to be taken or made in purfuance
of the faid z&.

XL And be it further enadled by the authority aforefatd,
That all and every the daufes, provifoes, powers, privile^,.
advantages, penalties, forfeitures, and difabilities, contained trr*
the faid laft mentioned a<ft, relating to the loans or exchequer*
bills, authorized to be made bv the tome ad (except fuch claufesi -"*
as do charge the fame on tne rates, duties, and afTeiTinent^

! granted by the fame adl) (hall be applied and extended to tKe*
oans and exchequer bills to be made in purfuance of this'a^
as fully and effe^ually, to all intents and purpofes, as if th^^
fame loans or exchequer biHs had Jbeen originally authorized bf^'
the fiid laft mentioned adt, or as if the &A feveral claufes ol^*
provifoes had been particularly repeated and rerena^ed in Ae *
body of this adl.

Xll. And be it further cnadted by the authority aforefaid,
That all fjch loans or exchequer bills, not exceeding five hun-
dred thoufand pounds as aforefaid, as (hall be taken in, or made
fortl) in purfuance of this ad, may refpe6tively be made to beaf
or carry an intereft, premium, or rate, not exceeding four
pounds per centum per annum ; and all fuch loans or exchequer
hills, together with the interell, premium, rate, and charges in-^ '
cident to, or attending the fame, (hall be and are hereby diarg*
ed and chargeable upon, and (hall be repaid, or borne by or out'
of the fird aids or fupplies, whiph (hall be granted in pariiameot
next after the twenty ninth day of September^ one thoufand fetor
hundred and forty iix ; and in cafe fulficient aids or fupplies fcr
tint purpofe (hall not be granted ^before the twenty fbarA ;
day of June^ one thoufand feven hundred and forty (even, tfatn
all and, every the faid loans or exchequer bills, with the interdi,
premium, rate, and diarges incident to or attending the fame,
ihall be and arc hereby charged and chargeable upon fudi
monies, as at any time or times at or after the faid twenty
fourth day of Juniy one thoufand feven hundred and forty feveo,
(hall be or remain in the receipt of the exchequer, of the faid
furplu(res, excefTes, or overplus monies, comm6nly called the
Sinking Fund (except fuch monies of the faid finking fund as nt
appropriated to any particular ufe or ufcs, by any tonncrador

ads

ty^6.] Anno decimonono Georgii IL c. 31. 481

a<5ts of parliament in that behalf) and fuch monies of the faid
iinking fund fhall and may be iifued and applied, as faft as the
fame can be regularly dated and afcertained, for and towards
paying off, cancelling, and difcharging fuch loans or exchequer
bills, intcreft, premium, rate, or charges, until the whole of'
thein fhall be paid off, cancelled, and difcharged, or money
fufBcient for that purpofe be kept and referved in the exchequer^
to be payable on demand to the refpeiStive proprietors thereof.

XIII. Provided always, and be it ena(5led by the authority Monies paid
aforeiaid. That whatever monies (hall be fo iliued out of the o"^ of the
faid furplufles, excefles, or overplus monies, commonly called to^^5^d
the Siniing Fund^ Ihall from time to time be replaced by and ^ *
out of the firft fupplies to be then after granted in parliament ;

any thing herein contained to the contrary notwithftanding.

XIV. Provided always, and be it cnaclcd by the authority The land tax,
aforefaid. That all the monies coming into the exchequer, either
by^loans or exchequer bills, upon one a(5t of this feflion of par-
liament, intituled. An aSi for granting an aid to his Majejly by a

land tax^ to be raifed in Great Britain, for the fervice of the year
mu tboufiind feven hundred and forty fix ; and fo much money (if
any fuch be j of the tax thereby granted, as (hall arife or remain,
nfttx all the loans or exchequer bills made or to be made on the
fiune adl, and all the intereft, premium, rate and charges there-
on, and the charges thereby allowable for railing the faid land
tax, (hall be fatisfied, or money fufiieient (hall be referved in
the exchequer to difcharge the &me ; and all the monies com-
ing into the exchequer, either by loans or exchequer bills, upon
one other ad of this feflion of parliament, intituled. An a6l for *j^ ^^ -
eontinuing the duties upon malt^ mum^ cyder ^ and perry ^ in that part
9f Great Britain, called England, W for granting to his Majefiy
€ertain duties upon malty munty cyder^ and perry^ in that part of
Great Britain called Scotland, for the fervice of the year one thou*
fandfeven hundred and forty fix j and fo much money (if any fuch
be) of the duties, thereby granted, as (hall arife or remain after
aill the loans or exchequer bills made, or to be made on the fame
aA, and all the intereft, premium, rate, and charges thereon,
and the charges thereby allowable for raifing the faid duties,
Ihall be fatisned, . or money fufBcient (hall be referved in the
exchequer to difcharge the fame ; and alfo all the monies com-
ing into the exchequer 'by fale of annuities, after the rate of Annuitiet,
four pounds per centum per annum^ and by contributions by way
of a lottery, upon one other a6t of this feflion of parliament
(intituled. An a^ for granting to his Majefiy feveral rates and du- and dutiet
ties upon glafsy ana upon fpirituous liquors ; am for raifing a certain "P®** ^^»
film of money by annuities and a lottery y to be charged on the faid rates
and duties ; and for obviating feme doubts about making out orders at
the exchequer y for the monies advanced upon the credit of the fait du--
ties 9 granted and continued to his Majefiy by bnaSf of the laji fejjion
of parliament *y) and alfo the (urn of one million five hundred
ttiottfand pounds, by this a(5l granted, (hall be further appro-
priated and applied, and are hereby appropriated for and towards
^ VoL.XVfil fi the

482 Anno decimo nono Georgii 11. c. 3 f • [1746.

appropriated, the feveral ufes, intents, and purpofes herein after exprefled (that
is to fay)

XV. It IS hereby enaded and declared, That out of aQ of
any the aids or fupplies aforefaid, there (hall and may be

ft 194 048 1, i^u^d ^^^ applied any fum or fums of money, not exceeding

16 8. 3 d. to- two million two hundred ninety four thoufand forty eight

wards the na- pounds, fixteen {hillings, and three pence, for or towairds the

val fcrvicci. naval fervices herein after more particularly exprefled; (that ii

to fav) for or towards defhiying the charge of the ordinary of

his Majefty's navy, and for half-pay to fea officers, and for or

towards victuals, wages, wear and tear of the navy^ and the

viAualling thereof, performed and to be performed, and for or

towards lea fervices in the office of ordnance performed and to

be performed, and for or towards carrying on the buildii^ d

^ the intended hofpital for fick and wounded feamen at Ggp^ri^

for the year one thoufand feven hundred and forty fix.

XVI. And it is hereby alfo enadted by the authority «fcre*
faid, That out of all or any the aids or fupplies provided 7(i »•

^ 81 xQt. f*^r^f^i^> ^^^^ ^^11 3tid may be ifllied and applied any fina or
»d. for freight funis of money, not exceeding ninety fix thoufand four btKh
of tranfpons. dred feventy eight pounds, nineteen (hillings, and two ppnce,far

the freight of transports, between the firft day of Jfmuarf^ one

thoufand feven hundred and forty four, and the thirty firft daj

of December^ one thoufand feven hundred and forty five ; uk
1. t. "^ ^^y ^""^ ^^ ^^^^ of money not exceeding fifty four thoodand
f d.^^alfpen'ny f^^^^ hundred fifty three pounds, nine (hillings^ and three peace
torvi6iualling halfpenny, for the expence of victuals provided for his Majefty*!
the land land forces, between the firft day of January^ one thoufand fevdi
forces. hundred and forty four, and the thirty firft day of DttMhi

one thoufand feven hundred and forty five.

XVH. And it is hereby alfo enadled. That out of all or asf

the aids or fupplies as aforefaid, there Ihall and may be iifiiai
io,oool.to and applied any fum or fums of money, not exceeding lea
Greenwich thoufand pounds, upon account, towards the fupport m ^
hofpiial. j.Qy3] hofoital at Greaiwich^ for the better main .enancc of the

feamen ot the faid hofpital, worn out and become decrepit 10 ihf

fervice of their country.

XVIII. And it is hereby alfo enadled, That out of all or Mf
4.11,319!. 19 s. the aids or fupplies as aforefaid, there (hall and may be ifliii^ !
^ d.to the and applied any fum or fums of money, not exceeding four \m' \
ofh<»otord- j^gj twenty two thoufand three hundred nineteen pdUHK I
^^^ ** nineteen (hillings, and fix pence, for or towards defraying tbc |

charge of the office of ordnance for land fervice^ for the yeir
one thoufand feven hundred and forty (ix, performed and lobe
performed, and for defraying the extraordinary expence of the
office of ordnance for land fervice, not provided for by pailifr
ment.

XIX. And it is hereby likewifc cnaAed, That out of iller
. . any the aids or fupplies provided as aforefaid, there (hall aoJ

tothV^ *'^'* '^^y ^^ i(fued and applied any fum or fums of money not a*

aarinei. ceeding two hundred and fix thoufand two hundred m^ three

pounds^ and -fifteen (hillings, for defiraying the charge oreleven

thoufand

174^] Anno dccimo nono Georgii II. c. 31. 483

ihourand five hundred and fifty marines (commiflion and non-
commiflion officers included) to be employed for the year one
thoufand feven hundred and forty fix.

XX. And be it further enacted by the authority aforefaid^
That out of all or any the aids or fupplies provided as afore-
faid, there (hall and may be iflued and applied any fum or fums
of money, not exceeding one million two hundred ninety eight
thoufand one hundred pounds, fourteen (hillings, and (bven 1,998,100 K
pence, for defraying the charge of forty nine thoufand two hun* 14 s. 7 d. to^
dred and twenty nine efFedive men for his Majefty's land forces, J**^ ^*"^
including commiffion and non-commiflion officers, and one "*
thoufand eight hundred and fifteen invalids, to be employed for

the fervice of the year one thoufand feven hundred and forty
fix,

XXI. Provided neverthelefs. That out of the faid fum of one
million two hundred ninety eight thoufand one hundred pounds,
fourteen (hillings, and feven pence, there (hall and may be if-
fned and applied any fum not exceeding thirty fix thoufand eight
huildred fixty four pounds, nine (hillings, and feven pence, for ^ d^to m--*
defraying the chaise of garrifons in Great Britain^ Gutrnfey^ and nron^. * .
Jerfrf^ ror the year one thoufand feven hundred and forty fix 1 3o»oool. fbr
Md the further fum of thirty thoufand pounds upon account, contingcAcict
for contingencies of the army for the year one thoufand feven ^* *"'*^'
hundred and forty fix.

^ XXII. And be it further ena<5ted. That out of all or any the
Hkt^ or fupplies provided as aforefaid, there (hall and may be if-
lued and applied, any fum or fums of money, not exceeding
throe hundred forty tnree thoufand four hundred forty pounds, 343440I. \%u
eighteen (hillings, and one penny halfpenny, for maintaining id. half-
his Majefty's forces and garrifons in the plantations, Minorca P^""y t^ ^^^
ind Gibraltary ai}d for provifions for the garrifons at Annapolis P^^*^*^**'*
R0yalj Placentidy Gibraltar Georgia^ Rattan^ and Cape Breton, for
the year one thoufand feven hundred and forty fix; and any 15(0,741. 6$.
fam or fums of money, not 'exceeding one hundred fifty five < ^: ^^ '3
thoufand fevcnty four pounds, fix fiiillings, and one penny for f^"^^!^^
the pay of thirteen regiments of foot, and two regiments of horfe, horCc.
under the command of feveral noblemen ; and any fum or fums
cf money, not exceeding thirty five thoufand nine hundred fifty 35,951 1, xo $.
%wo pounds, and ten (hillings, for the pay of twenty indepen- ror soinde-
d^nt companies, for three hundred and fixty five days, from the Pendent com-
jefpecftive times of their being raifed ; and any fum or fums of P****"*
money, not exceeding one hundred fixtvone thoufand Gx hun- ^si^^j], tf%.
dred and feven pounds, feventeen (hillings, and one penny xd/haif^-*
halfpenny, for defraying the charge of one thoufand two hun- ny for troopt,
dred fixty four horfe, and four thoufand nine hundred and eight ^?» ^*J5
foot, with the general officers and train of artillery, the troops ^^^^
of his raajcfty the King of Sweden^ as Landgrave of Hejfe Cajffell^
iu the pay of Great Britain, firom the twenty fir(t day of Decern-
her, one thoufand feven hundred and forty five, to the twenty
fourth day of December^ one thoufand feven hundred and forty
fix^ both inclufive^ together with the fubfidy for the faid time,

I i 2 pur* /

484

Anno decimo nono Georgii II. c, gi: [1746*

Hungaiy.

100,000 1. to
the King of
Sardinia.

It d. to the

purfuant to treaty; and any fum or fums of money, not ex-
ceeding three hundred thoufand pounds, towards detraying the
300,0001. to cxpence of the pay and fubfiftence of two bodies of the troops
H^iovw' ^^ ^^ Hanover y confifting of five thoufand horfc, and thirteen thou-
fand foot, making in the whole eighteen thoufand men^ to aft
in the low countries, with the Aujlrian troops, and thofe of tl»
^tatei General of the united provinces, for the year one thou-
fand feven hundred and forty fix ; and any fum or fums of aio-
io,oool. for a ncy, not exceeding ten thoufand pounds, for a train of artillery
train of ar- ^q attend the faid troops; and any fum or fums of money,iiot
* ^^^' exceeding four hundred thoufand pounds, to enable the Queen

of Hungary to fupport her allies, and maintain fifty thoufand
Sw Qucen^of "^^"^ '"^ ^^^ '°^ countries, for the year one thoufand (even huo-
Hunjsai'y. dred and forty fix ; and any fum or fums of monev, not a-
^eeding one hundred thoufand poutids, to enable the King of
Sardinia the better to maintain and profecute the war in kalf,
for the year one thoufand feven hundred and forty fix; and any
fum or fums of money not exceeding twenty one thouiand fire
hundred forty five pounds, nineteen millings, and eleven jpcDOc,
for defraying the charge of the troops of the Sfatis General
vfhiia in his Maje(ly*s fervice, in the year one thoufand fievcp
^^ - hundred and forty five, and one thoufand feven hundred and

SiaUsQaurai. ^^^^^ ^^ * *"^ ^^y '^^^ °^ ^""^^ °^ money, not exceeding foiq-
* thoufand three hundred twenty eight pounds, nineteen (hilliog;^
and ten pence, for defraying the extraordinary pay or douceuri;
40,3181.19 s. fofrage, waggon money, and other extraordinarics of theiU*
lo'd. to the ' thoufand Heftam in his Maicfty's fervice, incurred in theycy
Hcflian troops one thoufand feven hundred and forty two, and one thouuad
for 1742, and f^^j^ hundred and forty three, and not provided for by. paria,-
ment j and any fum or fums of money, not exceeding I017
thoufand eight hundred and eighty pounds, nineteen fliillin^
40 sso I 10 1 *"^ ^^° pence, for the pay of general, and general ftaff otfcctt,
- - ' - '-• tor the year one thoufand feven hundred and forty fix ; anij anj'
fum or fums of money, not exceeding nineteen thoufand qof
hundred fixty eight pounds, eighteen (hillings, and four p<nce,
for defraying the charge of two troops of ranecrs, a hi^l Jauvi
company, boatmen, half galleys, or fchooners, for the fcrvkcji
Georgidj for the year one thoufand feven hundred and forty £x;
and any fum or fums of money, not exceeding one hun^fi^
thirty feven thoufand twenty feven pounds, three (hillings, 99(1
eleven pence, for defraying the. extraordinary cxpence of .K»
Majefty's land forces on account of the rebellion, and for. horii^
loft iji Flanders and at fea, incurred anno one thoufand ii:?CD
hundred and forty five, and not provided for by parliament;
and any fum or fums of money not exceeding twenty four thou-
fand feven hundred and one pounds, feven (hilhngs and.fii
pence, upon account of half-pay to the reduced officers of bi>
Majcfly's land forces and marines, for the year one thou(and
feven hundred and forty fix, fubjedt to fuch rules to be obfervej
in the application of the faid half-pay, as are herein after pi:e-
fcribed concerning the fame -, and any fum or fums of money

not

»743-

ad.forllaJf
officers.

S9,i68l. j8s.
4d. to the
rangers, &c.
of Georgia.

137.027I.38.
lid. to ex.
pencesof the
rebellion, &c.

»4,70i 1. 7 s.
6 d. to half,
pay.

I746-] Anno dccimo nono Gborgii II. c. 31. j^Sg

exceeding three thoufand eight hundred and eighty fix pounds^ 3»88S1. to
for paying of penfions to the widows of fuch r^uccd officers of !JZ?°^^r
his ^lajcfty's land forces and marines, as died upon the efta- fi^JJJ*^^
Uifhment of half-pay in Great Britain^ and who were married •
to them before the twenty fifth day of December^ one thoufand
icven hundred and fixteen, for the year one thoufand fevcn hun-
dred and fony fix ; which faid fum of three thoufand eigh^ hun-
dred eiehtjr fix pounds, (hall be iflued to fuch pcrfon or perfons,
w'his Majefty (hall, by warrant or warrants under his royal
fign manual, direft or appoint to receive the fame, to be by him
•or them paid over to fiich widows of half-pay o(ficers, or their
affigns, according to fuch eftabli(hmcnts, lifts, or other direc-
tions; and with and fubjeA to fuch conditions, qualifications^
Or other aHowances for the fame, as his MajelW, by fuch and
the like warrant or warrants, (hall be gracioufly pleafed to di-
'rc6t and appoint.

1 XXIII. And it is hereby alfo enadled by the authority afore- -^ ^^^ j ^^
^faidj That out of all or any the aids or fupplies aforefaid, there wards fup-
^'fifall and may be i(rued and applied any fum or fums of money prefling the
hot exceeding five hundred thoufand poiinds, upon account, to ''cbcJljon,
thablc his Majefty efFeftually to fupprefs the prefent rebellion, tS'^w^&I?
Scarry on the war with vigour both by fea artd land, and to • » •
tinake good fuch treaties as are or (hall be made with his Ma- ^^^ ^^ 1 *
jttty*^ allies, for the year one thpufand feven hundred and forty the king of
fiX'j and any fum or fums of money not exceeding two hundred Sardinia,
thoufand pounds, to make good his Majefty's engagements with
tfa^ King of Sardinia^ purfuant to treaty ; and any fum or fums .

tiOt exceeding twenty four thoufand two hundred ninety nine I'd* to the**
pounds^ one (hilling, and four pence, to make good his Ma- eledor of C01-
jfc(ly'$ engagements with the elecEtor of Cohgn^ purfuant to logn.
tifcaty ; and any fum or fums of money, not exceeding eight
thousand fix hundred and twenty pounds, to make good his ^fS}' ^^^^*
•MajcJly's engagements with the ele6lor of MeniZj purfuant to ^^itz.
treaty.

;^ XXIV. And it is hereby enacted. That out of all or any the
*<rids or fupplies aforefaid, there (hall and may be iflued and paid
'to the commiflTioners for building a bridge crofs the river Thames^
'ftovci the city of IVeftminJler to the oppofite (hore, in the county
jofSurreyf or any (even or more of them, or to fuch perfon or
pc^fons as (hall be appointed, under the hands and feals of the
nid commi(fioners, or any feven or more of them, to receive
the fame, the fum of twenty five thoufand pounds, without ac- j^-^^,^^!^ ^^
count, other than is directed for the other monies raifed by vir- vvcftmiaftcr
tue of feveral former adts of parliament, paflTed during the reign bridge,
of his prefent Majefty, for building the faid bridge, to be ap^
jplied towards finiftiing the faid bridge, and to perform the other
trufts repofed in them : and there (hall and may be iflTued to the
trhftocs for cftablMhing the colony of Georgia in America^ ^"y 4 000 1, to the
fum or films of money, not exceeding four thoufand pounds, truftecs of
by them to be applied for the farther fettling and improving the Georgia.
£ud colony : ana any fum or fums of money not exceeding ten

I i 3 tlioufan4

4«6

10,000 1. to
the African
company.

«,367 1. 9 8.
10 d. to the
finking fund,
deficiency of
iUmp duties.

; d. to ditto.

home made
wines.

97,5001. to

duties.

Anno dccimo nono Georgii II. c. 3 1. t*74^

thoufand pounds, to be applied towards the maintenance and
fupport or the Brttijb forts and fettlements belonging to the
royal African company of England.

XX V. And it is hereby alfo ena6led by the authority afort-
fald. That out of all or any the aids or fupplies as atorefaid,
{here (hall and may be iiTued and applied any fum or fums of
money not exceeding eight thoufand three hundred fixty feven
pounds, nine (hillings, and ten pence, to replace to the finking
fund the Hke fum paid out of the fame, to make good the defi-
ciency of the additional (lamp duties at Chri/lmaSi one thoufiind
feven hundred and forty four ; and any fum or Aims of money
not exceeding thirteen thoufand feven hundred and nkiety thftc
CO. 10 ouio. pounds, three (hillings, and five pence, to replace to the bU
i)eiiciency of finking fund the like fum paid out of the fame, to make good
duties on |{jg deticiencv of the duty of twelve (liillings a barrel on fwects,
or wines made from Briii/h or foreign fruit or fugar, at Mkhnl*
maSf one thoufand feven hundred and forty five; and any Aim
or fums of money, not exceeding feventeen thoufand five hun-
dred pounds, to replace to the (aid finking fund the like hm
ditto, intereft paid out of the fame, to anfwer half a year's intereft doe at
on the fait J^chailmaSy one thoufand feven hundred and forty five, after the
rate of three pounds ten (hillings per centum per ammmj on the
principal fum of one million lent on the credit of the bltt duties,
which were continued for fix years, fit>m Lady Day^ cme tbM-
fand feven hundred and fifty three, towards the fupply for tbe
year one thoufand feven hundred and forty five.

XXVL And it is hereby alfo enacted. That out of all or ny
the aids or fupplies aforefaid, there (hall and may be ifliied lAd
t'd^^cBcicn^ applied any fum or fums of money, not exce^^ing forty nie
of the genertd thoufand two hundred fifty two pounds, eighteen (hillings, ittd
fund. nine pence, for making good the deficiency of the general ^n^

for the year ended at Michaelmas^ one thoufand feven hundfid
11,9501. «s. and forty five ; and any fum or fums of monev, not excetfttig
ttd. farthing, eleven thoufand nine hundred and fifty pounds, two fhUKngs
deficiency of ^^^^ j^jj^g pence farthing, to make good the deficiency ^f^lke
jjlf,^ ^ grants for the fervice of the year one thoufand feven hoftSftd

and forty five. - >:

Limitation of XXVII. And be it cnaflcd by the authority aforefaid, Thr
thefe fupplies. the faid aids or fupplies provided as aforefaid (hall not be tfibbd
or applied to any ufe, intent, or purpo(e whatfoever, other tiao
the ufes and purpofes before mentioned, or for the feveral defici-
encies or other payments diredled to be fatisfied thereout bf9M
a6t or afts, or any particular daufe or claufes for that puifMK
contained in any other a<5t or aAs of this prefent fefliofi of pff-
Iiament«
XXVIII. And as to the fajd fum of twenty four thoitfuid
What perfons feven hundred and one pounds, feven (hillings, and fix pGnct, by
are entitled to this adl appropriated on account of half-pay, as afimfaid ; it is
fcalf pay. hereby enacftcd and declared by the authority aforebid^ Tint
the rules herein after prefcribed (hall be duly obferved in Ae
application thereof^ th^t is to f^y. That 910 perfon (hall bav^

or

j

.174^.1 Anno declmo nono Georgii IL ۥ 31; 487

or receive any part of the fame, who was a minor, and under
the age of fixteen years, at the time when the regiment, troop^
or company, in which he ferved, was reduced j that no perfon
ihall have or receive any part of the fame, except fuch perfons
who did actual fervice in fome regiment, troop, or company ;
that no perfon having any other place or employment of pront,
civil or military, under his Majefty, (hall have or receive any
part of the faid half-pay ; that no cnaplain of any garifon or re-
giment, who has any ecclefiafttcal benefice in Great Britain^ or
Jreiand^ (hall have or receive any part of the faid half- pay ; that
no perfon (hall have or receive any part of the fame, who hatli
refigned his commi(rion, and has had no commifTion fince ;
that no part of the fame (hall be allowed to any perfon by virtue
of any warrant or appointment, except to fuch perfons, who
would have been otherwife intitled to the fame as reduced offi-
cers ; and that no part of the fame (hall be allowed to any of the
officers of the five regiments of dragoons, and eight regiments
of foot, lately difbanded in Ireland^ except to fuch as were lately
taken off the e(bbli(hment of half-pay in. Great Britain.

XXIX« And whereas by an a£f of parliament made in the iSGeo. s,
mghteiHth year of his Majejifs nign, {intituled^ An a<ft for granting ^' »*•
to his Majetly the fum of eight hundred thoufand pounds out
of the finking fund ; and for granting ^fum remaining in the »

iBXchequer, arifen by the furplus of the mties upon malt, mum,
cyder, and perry, for the fervice of the year one thoufand feven
hundred and forty five ; and for the further appropriatin|; the
Supplies granted in this feffion of parliament; and for giving
, farther time for the payment of duties, omitted to be paid for
: the indentures or contradls of clerks and apprentices ; and for
i .the further enforcing the payment of tlie faid duties )^^rtf/y«/-
tpa^ which had been granted to his Majeftyy as is therein mentioned^
*',wfre appropriated to feverd ufes and purpofes therein exprejfedy j-
yjnongfl which ^ any fum or fums of money not exceeding twenty fix
\ thoufand feven hundred and feventy five pounds^ fifteen JhUlings^ and
.ten pence ^ was appropriated to be paid to the reduced officers of his
♦ Mdjtfiy^s land forces and marines^ fubjeli never thelefs to fuch rules t9
be obferved in the application of the faid half pay ^ as tn and by the
' r^orefaid a& were prefcrihed in that behalf \ now it is hereby pro-
j vided, enaded, and declared by the authority aforefaid. That fo
, much of the faid fum of twenty fix thouland feven hundred
feventy five pounds, fifteen (hillings, and ten pence, as is or
fliall be more than fufficient to fatisfy the^ faid reduced officers
according to the rules by the faid a6t prefcribed to be obferved
in the application thereof, or any part of fuch overplus, (hall or
may be difpofed of to fuch officers who are maimed or loft their Overpluf of
limbs in the late wars, or fuch others as by reafon of their long ^^-P*y ^p-
fervice, or otherwife, his majcfty (hall judge to be jproper ob- Jompaffionatc
jeds of charity j or to the widows or children of fuch officers, lift,
according to fuch warrant or warrants, under his Majefty*s
Ipyal fign manual, as (hall be figned in that behalf; any thing

Ii4. in

Exchequer
bills, tickeu,
orders^ &c.

AnnodecknononoGEORGii 11. c. jr. T^^^6'

in this aft or the faid former aft to the contnry ROtwiriiftand-
ing. ' ^

A XX. jffid whenas feviral hilh^ commonly calUd exchifutr
billsy fcveral tidets^ commonly called lottery tickets^ Jeveral orien
and certificates made forth in lieu of the faid lottery tickets^ oni
likeivife for amuities of divers kindsy payabU at or near the n-
ccipt of his MajcjWs exchequer^ as alfo feveral receipts of th
cajly.ers of the governor and company of the bank of England,
loftordcftroy. ^'^ -^^''^^ ^f ^'^^"^'» f^^ money contributed there for the purakifiij
cd, &c. before annuities^ transfrrable in the books of the faid governor and com-
^ Aug. 1746. par.y^ havc^ by caftuhy or mifchance^ been loft burnt or otberwife it-
fircycd'y which exchequer hills^ lottery tickets^ certificates^ receipts^
annuity orders^ and other orders of the refpeffive denominations afen^
faidy were made forth by and in purfuance of feveral acts of parlie-
ffid *'t ^^^''^ '^ '^^^ behalf; be it therefore enaftcd by the authority a-
fiiadc thereof ^orcfji'idy That in all cafes where it (hall appear, by affidavit to be
before the ba- made before any of the barons of the Exchequer for the time he-
rons otibe ing, (who (hall interrogate the deponent thereupon) to the fatift-
t'xchequcr, faclion of fuch baron or barons, that any fuch exchequer billi,
or any fuch tickets, certificates, receipts, annuity orders, or
other orders, as aforefaid, before the firft day of AupijU ons
thoufand feven hundred and forty fix, have been, or.are loft,
burnt, or otherwife deAroyed, or that there be good reafoA to
believe the fame have been burnt, loft, or otherwife deftroyod;
it (hall and may be lawful for the refpedtive ofKcers and peribns
appointed to KTue or make forth fuch exchequer bills, ticketl,
certificates, receipts, annuity orders, or other orders, or to pw
ordifcharge the fame, or to ifTue any monies due or payable
tliereon, upon producing a certificate from any of the /aid bs^
and a certifi- ^^^^y ^^ ^^'^^ affidavit m«Ie before him (which affidavit the fakl
barons, or any of them, is and are hereby authorized to take;
and which certificate he or they are hereby required to make and
grant, -without fee or reward) and, on fecuri^ given to the£M
rcfped^lvc officers and perfons, to their good liking, to indem*
nify them refpe^lively againft ail other perfons whatfoever, ftr
or concerning the monies fpccified in, or due qpon, .fuch ri-
fpedlive bill or bills, ticket or tickets, certificate or certiiicatei,
receipt or receipts, order or orders, they the faid perfons ^
officers refpcd^ively, (hall, and are hereby required to make
forth duplicates of the faid bills, tickets, certificates, receiptt,
and orders, at the requefi of the refpcAive owners, and to |Wy
and difcharge the fame, and all fuch intereft as is or (hall be
due on any of them carrying intereft, or to make forth llock,
or transferrable annuities, in lieu of fuch receipts as he or they
(hould have paid or difcharged, or made forth on the (aid origi-
the officers to nal bills, tickets, certificates, receipts, annuity orders, or od£ff
make forth orders, if the fame had been produced, and (hall be allowed all
paimen^^o^^ fuch payments, fum or fums of money, in their rcfpedive ac-
the laid bills, counts ; and in all cafes where the (igning of the commiflionen
of his Majefty's treafury, or the lord high treafurer of GnA
Britain for the time being, is ncceffary for making the JQud du-
plicates, or any of them effectual, for the purpofes aforefaid; it

cate pro-
duc«d.

and fecurity
j-iveii,

&c.

1746.J Anno dedmo none Georgii 11. c. 32. ' 4S9

is hereby -farther exiafted. That it (hall and may be lawful ta
and for the faid commifiioners of his Majefty's treafury, or any
three or more or them, or the lord high treafurer for the thne
bcrrig, to fign fuch duplicates accordingly.

CAP. XXXII.

An a^ for amending the laws relating t$ bankrupts j

WHEREAS many perfons within the defcription of^ and A-
abli to the Jiatutei concerning bankrupts^ frequently commit
fecret aDs of bankruptcy unknown to their creditors and other perfons^
with whom^ in the courfe of trade^ they have dealings and tranf^
anions ; and after the committing thereof continue to appear publick"
ly and carry gn their trade and dealings^ by buying and felling of goods
and merchandizes J drawings accepting^ and negociattng bills of ex^
change^ and paying and receiving mon^ on account thereof, in the ujual
way of trade ^ and in the fame open and publick manner as if fhey were
folvent perfonsy and had not become bankrupt ; and whereas the per- '
mitting fucb feeret a&s of bankruptcy to avoid and defeat payments^
really and bona fide me^e in the cafes^ and under the circumftances
ab^e mentioned^ where the perfons receiving the fame had not notice
tf^ or were privy to fuch perfons having, committed any a£f of bani^
.ruptcyy will be a great dtfcouragement to trade and commerce ^ and a
.prejtUice to creditin general: be it therefore ena^d by the King's
moft excellent majefty, by and with the advice and conrent of
tbe lords fpirltual and temporal^ and commons, in this prelent Afler ftoO^*-
^parliament affembled, and by the authority of the fame, That^r, 17+6,
irom and after the twenty nmth day oi Oiiober^ in the year of Creditors of
our Lord one thou(and fevcn hundred and fony fix, no perfon hankruptsnot
yfYiO is or (hall be really and bona fide a creditor of any bankrupt, fSnd tcTthc
fcr or in refpeA of ffoods r^ly and bona fide fold to fuch bank- affignees.
impt, or for or in reipefl of any bill or bills of exchange really
rjarni bona fide ^rz^n^ negociated, or accepted by fuch bankrupt,
.in the uiual and ordinary courfe of trade and dealing, (hall be
.liable to refund or repay to the aflignee or aiTignees of fuch Monks le.
banlprupt's eftate, any money which, before the fuing forth of ceived befai«
,fuch commUTion, was really and bonafidcy and in the ufual and notice of in-
Ofdinary couife of trade and dealing, received by fuch perfon of ^'^^^^"^» ^^
,any fuch bankrupt, before fuch time as the perfon receiving the
fame (hall know, underftand,or have notice that he is beco^ne'a
.bankrupt, or that hcLis in infohrent circumflances.
• II. Jad' whereas merchants^ and other traders^ frequently lend
money on bottom^ree^ or at refpondentia^ and in the courfe of their
tradi frequently taufe their Jbips or veffels^ and the goods and mer--
ibandizes loadfd thereon^ to be infured\ and whereas commijfions of
bankruptcy have iffued againft tie obligor in fuch boitom-ret^ or re^ .
fpondentia bondf or the unaer^xvriterj or ajfurer in fuch affurame^
bifore tbe hfs ofthejbip or goods ^ in fuch bond or policy ofinfurantf
. mentionedj bath happened^ it hath been made a quejHon^ Whether the
obligee or obligees in fuch bondy or the affured in fuch policy ofinfur--
ance^Jbould be let in to prove their debts % or be admitted te oave en^

490 - Anno decimo nono GeoROII IL c. jg, 341 t'74^

hfiifie or dividetti under futh comtniffioni ivbkb mof he a Hfcmaragt'

mint ta trade : for remedy whereof be it enabled by the autho^

Obligees in aforefaid. That from and after the faid twenty ninth day of 0^#-

^tom-ree, ^^^ (j^^ obligee in'an> bottom-ree or refpondentia bond, a^

rTcUim' ^^^ aflUred in any policv (>f infurance, made and entered imo.

upon a good and valuable confideration, bona fide^ (hall be ad-'

mitted to claim; and after the lofs or contingency (hall hare

happened, to prove his, her, or their debt and demands in re-

fpedl of fuch bond or policy of infurance, in like manner as if

the lofs br contingency had happened before the time of the i(-

fuing of the comroiflion of bankruptcy againft fuch obligor, or

infurer \ and (hall be intitled ui>to, and (hall have and receive a

13i¥idends proportionable part, (hare, and dividend of fuch bankrupt's e*

(bte, in proportion to the other creditors of fuch bankrupt, ia

like manner as if fuch lofs or contingency had happened befoit

Bankrupts ^^ch commi(rion i(fued ; and all and every perfon or peribos a-

difcharged gainft whom, from and after the faid twenty ninth day ofOSe-

from debts on %er^ any commiflion of bankruptcy (hall be awarded, (hall be

i^Kc /!c.' 'J'^^harged of and from the debt or debts owing by bim, her, or

* ' them, on every fuch bond and policy of infurance, as afoieM,

and (hall have the benefit of the feveral ftatutes now in force a-

gainft bankrupts, in like manner to all intents and purpofes, as

if fach lofs or contingency had happened, and the money doe ia

, rcfpedt chereof, had become payable, bdbrp the dme of the if-

fuing of fuch commi(rion.

GAP. xxxni.

An a6l to indemnify peribns who have omitted to qoalily tfaemielves for
' offices, employments, and promotions, within the dme limited fay

law, and for sulowing furthei: time for that purpofe. EXP.

CAP. XXXIV.

Jn all for the further pum/hment of per fans going arwuim
difguifedj in defiance of the laws of cufioms or excife ; aai
for indemnifying offenders againft thofe laws^ upon the
terms in this ah mentioned ; and for relief of officers of fie
cujloms in informations uponfeizures.

WHEREAS divers dtffolute perfons have qffhciated themfekB%
and entered into confederacies to fupport one anoiberj ad
have appeared in great gangs in feveral parts of this iingdomj earrf-
ing fire-armSy or other o^enfwe weapons ; and when fo ajfemblti^
have been aiding and ajft/iing in runnings landings or carrying a-
way prohibited or uncujlomed goods^ or goods liable to duties of exdft^
or in the illegal relanaing of any goods ^ or merchandizes^ tv^bich boot
been Jhipped or exported upon debenture or certificate^ or in refmg
the fame after feizxtrcy or in obfiruil'ing the officers of the revenue in
the execution of their office^ to the great dipouragement of the fair
trader^ and the lofs of the jmblick revenue : and wherias feveral ofi-
cers of the cufioms and excife^ and their aJfi/iantSy have been wound'
edf maimed f andfome of them iilledy whfn in the execution of these
% officii

1746J Anno d^imo nono Georgii IL c. 34^ 491

fifflce, or otherwifiy by th faid diffohte pirfmsy fo off mated andaf-
jemblid as aforejaidy to the great terror of his Majefiy's peaceable fub^
jeHs in defiance oftiji laws^ and to the utter fubverfion of all civil tm^
tbority and power whatfoever : for remedy of which many and
great inconveniencies, be it eiiadted by the King's moft excel-
lent majefty, by and with the advice and confent of the lords Armed per-
fpiritual and temporal, and commons, in this prefent parlia* /ons to the
ment affembled, and by the authority of the fame. That if any number of
perfons, to the number of three, or more, armed with fire-arms, S^^^q aSft*
or other oifenfive weapons, (hall, from and after the twenty ^^ ^he illegat
fourth day of Jufy^ in the year of our Lord one thoufand feven ei^porting or
hundred and forty fix, be aflfembled, in order to be aiding and ^^|°^S^ ^
aflifting in the illegal exportation of ^ool, or other goods pip- S^^** ^'
hibited to be exported, or the carrying of wool, or other fuch
goods, in order to fuch exportation, or in the running, hnd-
* ing, or carrying away prohibited or uncuftomed goods, or goods
liable to pay any duties, which have not been paid or fecured ;
or. in the illegal relanding of any goods whatfoever, which have
been (hipped or exported upon* debenture or certificate ; or in
re(cuing or taking away the fame, after (eizure, from any ofiiccr
or ofiicers of the cuftoms or excife, or other his Majcfty's reve-
nue, or other perfon or perfons employed by him or tnem, or ^'
aflifting him or them, or from the place where they (hall be
lodged by him or them ; or in refcuing any peribn who (hall be
apprehended for any of the offences made felony by this or any
other ad, relating to the revenues of cufloms or excife ; or in
preventing the apprehending any perfon, who (hall be guilty of
any fuch offence \ or in cafe any perfons, to the number of three,
or more, fo* armed as aforeiaid, (hall, after the faid twenty
fourth day of July^ be fo aiding or affifting, or if any perfon
(hall, from andf after the faid twenty fourth day of July afore- hJdlfSSS"*^
faid, have his face blacked, or wear any vizard mafk, or other with mch
difguife, when paffing with fuch ^oods, or (hall forcibly hinder, goods^ orwho
cbftru£t, afTault, oppofe, or refift any of the officers of the cu- "J**lr^ft» &c.
ftoms or excife, or other his Majefty's revenue, in the feizing or ew^Jtion of
iecuring any fuch goods ; or if any perfon or perfons, from and their duty,
after the faid twenty fourth day of July^ in the year aforefaid,
(hall maim, or dangeroufly wound any officer of the cuftoms or
excife, or any other his Majefty's revenue, in his attentpting to
go on board any (hip or veflel, within the limits of any of the
ports of this kingdom, or (hoot at, maim, or dangeroufly wound
him when on b(Mird fuch (hip or veflel, and in the due execution
of his office or duty, then every perfon fo ofllending, being
thereof lawfully convided, (hall be adjudged guilty (^felony, guilty of fe-
and (hall fuffer death as in cafes of felony, without benefit of fony without
clergy; and that all and every perfon and perfons, who (hall at clergy,
any time be conviAed of any the offences aforementioned,
within that part of Great Britatn called Scotland^ (hall, for every scothnd.
fuch offence, incur and fuflRnr the pains of death, and confisca-
tion of moveables.

U.And»

492 Anno decimo nono GsoRGir IT. c. 34. ^74^-

Pcrfonscharg- II. And, for the more cafy and fpcedy brinWiitg theoSen-
ed upon oath jgi-g ggainft this aft to jufticc, be it entiAed h& the authority
iSuhU * aforefaid. That if any perfon or perfons fliaU te charged with
a^/ being guilty of any of the offences aforefaid, before any one or

more of his Majeflfy's juftices of the peace, or before one of lA
Majefty *s juftices of the court of King's Bencb^ if the offence be
committed in £>r^i^;7i ; or before the lord juftice general, orotic
of the lords of judiciary, or any one or more of his Majefty*s
juftices of the peace in Scotland j if the offence be committed 1^
thejufticc, &c. Scotland \ by information of one or more credible perfon or per-
Sfbrm^^o^ fons, upon oath, by him or them to be fubfcribed, fuch jufticc
to one of the ^ ^^^ peace, or juftice of the King^s Bcnchj or lord jufticc general
ieeretarles of lord juftice clerk, or lord of jufticiary refpctftively, before whom
ftaitej fuch information (hall be made as ararefaid, (hall forthwith cer-

tify under his hand and feal, and return fuch information to one
of the principal fecretaries of ftate of his Majefty^ his heirs or
who is to lay fucceifors, who is hereby required to lay the fame, as foon at
the fame be- conveniently may be, bdforehis Majefty, his heirs or focceflbrs,
f'^ ^^'^ J^'J'S in his or their privy council ; whereupon it (hall and may bif hw*
in coun i ^j f^^ his Majefty, his hdrs or fucceflors, to make his or theirof-
der, in his ortheir faid privy. doundl, thereby requiring and cbin-
orders to be manding fuch offender or offenders to furrender him or thtitifelves
"j?K^®r *J* . within the fpace of forty days after the firft publication thereof
rendering in*^' ^^ ^^^ London GazitUj to tfic lord cliief jufKce, or any other of
40 d»yi J • his Majefly's juflices of the court of Kif^s Bench j or to any one
<^ his Majefty's juftices of the peace, if the ofience be commit-
ted in England , or to any of the lords of jufticiary, or to any obe
of his Majefty's juftices of the peace in Scotland^ if the ofTened
be committed in Scotland ^ who is hereby required, upon fudi
ofiender or offenders furrendering him or themfelves, to com^
and commit. ^^^ him or them, without bail or mainprise, to the countf
ment without gaol, or to the gaol or prifon of the place where be or thiey (hau
hail. 10 furrender, to the end that he or they may be fonbcommg io

anfwer the offence or offences wherewith he or they (hall ttand
charged according to due courfe of law ; which order the Cterks
of his Majefty's privy council (hall caufc to be forthwith printej
and publimecl in the two fucceffive London Gazettes, and td be
forthwith tranfraitted to the (heriff of the county livherethe of-
Order to be fence ftiall be committed, who fhall, within fourteen days after
?wo fuccefiwc ^^^ receipt thereof, caufe the fame to be proclaimed within the
Gazettes, and hours of ten in the morn]n|, and two in the afternoon, in the
tranfmitted to market-places, upon the refpcdtive market-days of two market
rhe (heriff, towns in the fame county, near to the place where fuch offence
dldm^cfame". ^^" ^^^^ ^^^ committed ; and a true copy of fuch order (hall
c aim ame. j^^ affiled lipdn fome publick place in fuch market-towns : and
r h* ^" ^^'^ ^^^^ offender or offenders ftiall not furrender him or thern^

^ced^inthe f*^'^*> purfuant to fuch order of his Majefty, his heira or fiic-
nnrk^- ■ ceflbrs, to be made in council as aforefaid, he or they, fo ne|-
towns. leding or refufing to furrender him or themfelves as aforefiiia.

Offender* not or efcaping after fuch furrender, fliall, from the day appointed

&c. • ^

<74^-] Anno decimo none Georgii II. c. 34. 49^

for his or their furrender as aforefaid, be adjudged, deemed,
and taken to be convidled and attainted of feloov, and (hall fuf-
fer pains of death, as in cafes of a perfon conviaed and attaint-
ed by verdi<a and judgement of felony, without benefit of cler-

and confifcation of moveables, as in cafe of a perfon found guihy

of a capital crime, and under fentence for the fame, if the ot-

fence be charged to have been committed in Scotland; and that

It (hall be lawful to and for the court of King's Bench or thejuf- TheiQ„-»,

tices of Oyer and Terminer^ or general gaol delivery for thecoun- Bench, w ju-

ty or place where fuch perfon (liall be, to award execution ftices of Oyer

a^inft fuch offender and offenders, in fuch manner as if he or andTcnmiicr,

they had been convicted ar.d attainted in the faid court of Kin^$ ^^^^n,

Benchj or before fuch juiuces of Oyer and Terminer^ or general

gaol delivery rcfpeftively, if the oflFence be charged to have been

committed m England \ and that it (hall {be lawful for the court

of jufliciary, or the lords of judiciary, in their circuits, to

award execution againft fuch offender .and offenders, in fuch

manner as if he or they had been found guilty and condemned

in the faid court of jufticiary, or in the circuit rcfpecJlivcly*

IIL And be it cnafted by the authority aforefaid. That all
^nd every perfon and perfons who (hall, after the time appoint- Perfons fiai^l;''
cd as aforefaid for the furrender of any perfon or perfons fo bouring, tccV
Charged upon oath with any of the offences aforefaid, ihall b^!?*!?-^^*
expired, harbour, receive, conceal, aid, abet, or fuccour, fuch ported for*
j^erfon or perfons, knowing him 6r them to have been fo charged their furren-
as aforefaid, and to have been required to furrender him or them- der.
felves by fuch order or orders as aforefaid, and not to have fur-
rendered purfuant to fuch order or orders, being profecuted for
the fame, within one year after the offence committed, and law- \

fiilly convicted thereof, (hall be guilty of felony ; and (hall be
iranfported as a felon or felons to fome or one of his Majeily's
colonies or plantations in America^ there to remain for the fpace
(pf feven years, in the fame manner as felons are appointed to be
tranfpdrted by an aft made in the fourth year of the reign of his
iat€^ majefty Kine George the Firft, of glorious memory, intitu- 4Geo. i. c. m.
fed, An a^ for the further preventing robbery ^ burglary^ and other
felonies y ana for the more effe^ml tranfportation of felonSy and un*
lawful exporters of wooll ', and for declaring the law upon fome pointf
relatirtjg to pirates j and by another a<5t made in the (ixth year of
tlie reiga of his faid late Majefty, intituled. An a^ for the better 5 qco. i.e. %%k
preventing robbery j burglary^ and other felonies ; and for the mere
effe^ual tranfportation of felons \ and if any fuch offender or offen*
dcrs (hall return into Great Britain or Ireland before the expira- and returning
tion of the faid term, contrary to the intent and meaning before the
hereof, he or they fo returning, (hall fuffcr as felons, and have STJUj^JJ^,
e^cecution awarded againft them, as perfons attainted of felony,
without benefit of clergy.

IV. Provided ncvcrthelcfs, and it is hereby declared and en-

aftcd,

49+ Anno dccimo nono Georgii II. C. 34. ['74^«

Magifh*ates» a^led. That nothing4i€rein contained, (hall be conftrued to pre-
&c. may fc- ycnt or hinder any judge, jufticc of the peace, magiftrate, offi-
ceeda^ainft^* cer, or minifter of juftice whatfoever, from taking^ apprehend-
oifendm by ing, and fecuring fuch offender or offenders, againft whom fuch
the ordinary information (hall be given, and for requiring whofe furrender
courfe of ]avr. fuch order in council Ihall be made as aforeiaid, by the ordinary
courfe of law ; and in cafe fuch offender or offenders, againft
whom fuch information, and for requiring whofe furrender fuch
order in council Ihall be made as aforefaid, (hall be taken and
fecured, in order to be brought to juftice, before the time (hrfl
be expired, within which he or they (hall be required to fur-
render him or themfelves b^ fuch order in council as afore-
iaid i that then, in fuch cafe, no further proceedings (hall be
had upon fuch order made in council againft him or them fo tak-
en and fecured as aforefaid ; but he or they (hall be brought to
trial by due courfe of law ; any thing herein contained to die
contrary in any wife notwithftanding.

V. And for the better and more impartial trial of any indiA«
ment or information which (hall be found, commenced or profe^
cuted, for any of the offences madefelony by this or any other a£l
rdatin^ to the revenues of cuftoms or exci/e, beit enaA»i by the
authority aforefaid. That every fuch offence (hall and may be
Offences enquirea of, examined, tried, and determined, in any counhr
whm to be within that part of the kingdom of Great Britain called En^k/d^
^*°' in fuch manner and form as if the faft had been therein commit^

- . ted : provided, that no attainder for any of the ofiences madefiih
tti\o*5ia*^ lony by virtue of this aft, (hall make or work any comipdW
corruption. of of blood, lofs of dower, or forfeiture of lands or tenements.' ;*
blood, &c. VL And be it enadted by the authority aforefaid. That if

or ibr(citurc. any officer or officers of his Majcfty's revenue, or other peribnf
If oScers, &c. being employed in the fcizing, conveying, or fecuring any wo^,
be iraunded or other goods forfeited, on account of their being prohibited ei^
or killed in uncuftomed goods, or on account of the duties chargeable thereon
ftmng wooll, ^^^ having been paid or fecured, or by virtue of any law made
to prevent the exportation of wooll, or other goods^ or in endea-
vouring to apprehend any offender againft this a<5t, Ihall be beat;
or fecuringof- wounded, maimed, or killed by any offender againft this wSt^
fendert, or the faid wooll, or other goods fo feized, (hall be rcfcued by

ST ffk,.^^*' perfonfi fo armed as aforefaid ; in all fuch cafes refpedliveiy, the
Se countiT to i"^^*^*^*"^^ ^^ ^"^^^ ""^P^ ^^ ***> ^" ^"^** counties as are divid-
makegoodthe ^^ into rapes or laths, and in every other county the inhabitants
damafcs i of every hundred where fuch facts (hall be committed, within
that part of Great Britain called Englandy (hall make full fatis-
fadlion and amends for all the damages which fuch officers of
perfons, Ihall refpedlively fuffer by fuch, beating, woimdinf,
and maiming rcfpe(5tively, and by tnelofs of fuch goods fofeiz-
tool, for each ed and' refcued, and (hall alfo pay the fum of one hundftd
(crioa killed, pounds for each perfon fo killed, to the executors or adminift-
rators of fuch officers, or other perfon fo killed as aforefaid ; and
that fuch refpective officers and other perfons, and their (aid ex-
ecutors and adminiftrators^ (hall be and are hereby enabled to

(iic

T74^.] Anno dcdmo nono Georgii II. €.34. 495

fue for ^d recover fuch their damages, fo as the fum to be re-
covered for any fuch beating, wounding, or maiming, (haJl not For beatii|g
exceed forty pounds, nor for the lob of the goods two hundred ^<^- 4oh
pounds, againft the inhabitants of the faid rape or lath, in fuch ^^I^* ^ .
counties as are divided into rapes or laths ; and in every other ^ **
county the inhabitants of every hundred, who by this adl (hall
be made liable to anfwer all or any part thereof ^ and that if fuch
perfon or perfons (hall recover in fuch adion, all the inhabi-
tants of the rape or lath in fuch counties as are divided into
rapes or laths, and in every other county the inhabitants of
every hundred, who by this zfX (hall be made liable to all or
any part of the faid damage or fum, (hall be ratable and pro- .

portionably taxed and affeffed for and towards payment of the J^'JSJS'twM^^
damages and cofts to be recovered by the plaintilF or plaintiffs ^

in any a£tion to be brought upon this ad, and alfo of all juft
and nece(rary expences in defending fuch adUon ; which taxa- and levied at -
tion and a(Ie(rment (hall be made, levied, and paid by the ways by s Geo. s.
and mean, and in the manner and form prefcribed for the levy-^* '^«
ine and paying damages and cofts recovered aeainft inhabitants
^hundreds in cafes of robberies, and for the levying and pay-
ing the juft and nece(rary expences in defending any adlion to
be brought for fuch damages, in and by an ad (intituled. An
0^for tht armndment of the law relating to anions on the fiatuti of
h^$ and cry) made in the eighth year of the reign of his prefent
Majefty, and bv fo much of any former law relating to adions
againft hundreds, iacafe of robberies, as is not repealed or al-
ter^ by the faid ad ; and that if any plaintiff or plaintiffs in any
adion to be brought upon this ad, (hall be nonfuited, or (hall If the pUuntKf
difcontinue his, her, or their adion; or if in fuch adion, judg- ^? nondiitcd,
ment on demurrer, or verdid (hall be given againft him, her, J^e d^mce
Of them, the charges nece(ranly expend^ in defending fuch ac- &c. to belevi.
tioo, over and above the cofts in thofe cafes to be taxed, and al- ed as the a£t
fo the taxed cofts, in cafe the plaintiffor plaintiffs be infolvent, direfta.
ihall be levied by fuch taxation and a(re(rment, and (hall be paid
in fuch manner, as in the like cafes fuch charges and cofts in
adions brought upon the faid ad are thereby direded to be levi-
ed and paid ; and that every adion to be brought upon this ad
ihall be profecuted in like manner as adions upon the faid ad of
die eighth year of the reign of his prefent M^j^fty s^re direded
to be profecuted.

Vli. Provided nevcrthelefs. That no perfon or perfons (hall ^., .
recover any damages by virtue of this ad, for any fuch beating, tjven^vkh^
wounding, maiming, or lofs of goods, unlefs he or they (hall, \ days of the
within four days after fuch damage or injury, caufe notice to be injury rtceiv^
^ven of fuch offence being committed, unto two or more of the ^^* '
inhabitants of fome town, village^ or hamlet, near to the place
where fuch fad (hall have been committed, and ftiall, within
eight days after fuch fad, declare, by examination upon oath, ^^^ exa^iljia^.i
bobre fome iuftice of the peace for the county, liberty, or divi- A'^" within s
(ioa where the fame was committed, which examination every ^^'*
fuch juftice (hall be obliged to take, whether he or they fo ex-

amined^

49^ Anno decimo nono GeoRGII U. c. 34; C^M^.

amined, do know the perfon or perfons who committed fuch
Rfcogniznnces facft, or any of them ; and if upon fuch examination it be dc-
&c.^ to prole- clared, that he or they knew the perfon or perfons who com-
mitted the fame, or any of them, then he or they (hall be bound
by recognizance to profecutc fuch offender or offenders accord-
ing to law ; and that no fuch perfon or perfons (hail recover any
damages by virtc e of this ad, unlefs he or they (hall, over and
bcfides the faid notice and recognizance herein before required,
give fuch notice, and enter into fuch recognizance, as perfons
robbed arc, by the faid act of the eighth year of the reign of his
prefent Majefty, direcfied to give and enter into, in order to en-
able them to maintain adions upon the faid a<5t.
Kolatiiiaaion ^^^^^' Provided ahb. That where any offender (hall be appre-
to be made if bended and convided of fuch offence, within the fpace of 6x
the offender calendar months after the offence committed, no hundred, rape,
}*^^'^^^ or lath, or any inhabitant thei-eof, (hall be in any wife fubject to
nftmootbt. ^^kc any fatisfacflioii for fuch damages, or to pay the fiudooc
hundred pounds to the executors or adminiftrators of fuch killed
perfon.
AfHonttobe IX. Provided alfo. That no perfon (hall be entitled to bring
brought with- any adtion againft the inhabiunts of any hundred, rape, or lath,
in I year. for any the matters aforcfaid, unlefs the fame (hall be commenc*
ed within one year after the offence committed.

X. And for the better difcovering and apprehending the bid
offender or offenders in that part of Great Britain called Efigknii
who (hall have been advertized as aforefaid, and (hall not have
furrendered him or themfelves within forty days as afore direded,
jJo^«*PPrc- be it enaAcd by the authority a(ore(aid. That from and after the
aoSSudcn ^^^"*y fourth day of July y in the year of our Lord one thoufand
feven hundred and forty fix, all and every perfon and perfons,
who (hall apprehend and take, or difcover, fo that he may be t4k-
en, any perfoirin that part of Great Britain called England^ fo ad*
vcrtifed as aforcfaid, who fliall have not furrendered himfelf with-
in forty days as aforefaid, and caufe him to be brought before the
lord chief juftice of the court of King's Benchj or before any one
of the jufticesof the faid court, or anyone of his Majefty's ju(tices
of the peace for London or Middlefex (who is hereby required to
commit fuch perfon totheprifonof Newgateioxkich felony) (hall
have and receive, for every fuch perfon who (hall be fo apprehend-
ed, thefum of five hundred pounds, to be paid within one month
to be iiaid afterexecution (hall be awardedagainff fuch offender fo apprehend*
500L ed and committed as aforefaid, by the commi(Honers ot the cuf-

b the com- ^^°^ °^ excife refpe^tively, who are hereby required to receive
iDidioners of ^^^ applications of all fucli who are concerned in fuch difcover-
tbereveaue*. ing or apprehending fuch offender, and determine who are end-
wfao are to ad- tied to the faid reward, and their refpedUve (hares and propor-
i"^ '.*'• ^*""" tions tliereof ; and the fame (liall be divided amongft fuch per-
*" "' fons as aforefaid, in fuch (hares and proportions, as to the faid

commiffioners of the cuffoms or excife refpe(5tively, or to the
majjor part of them (hall feem rcafonable \ and if any (iich of-

fauler

r^4^.} Anno decimo nono GfioROil II. c. 34. 497

Midcr againft whom no fufch order of council (hall have been Offenders ^r^
nadc, fliaU hiihfclf fo difcover or apprehend any other offender, ^JJST^*
gainft whom fuch order (hall have been made, he (hall be dif-
barged and acquitted of fuch his own offence, and all other the to be acquit-
ke offences then before committed, and for which no profecu-^"*
on (hall have been then commenced, and (hall alfo have his
rare of the reward ; and if any perfon or perfons (hall happen and have a
} lofe a limb, or an eye, or be otherwife grievoufly maimed or ftiare of the
rounded in the apprehending, or endeavouring to apprehend, ^^^jP^^"^»
r making purfuit after fuch offender or offenders ; all and every ^^^^^^ ;„
erfon or perfons fo wounded and maimed as aforefaid (hall, apprehending
pon application to the commiffioners of the cuftoms or cxcifc&c. offenders,
rfpeAively, as aforefaid, have and receive the fum of fifty ^^ 5^ pui^ ^
ounds, over and above any other reward that he or they may
e intitled to as an apprehender by virtue of this aA ; and in cafe
ciy perfon or perfons (hall happen to be killed in the taking or
[iprehending, or endeavouring to apprehend, or in making
urfuit after any fuch offender or offenders, that then the exe-
jtors or adminiftrators of fuch perfon or perfons fo killed as
r^refaid, upon application to the commiffioners of the cuftoms
r excife refpe<5)ively as aforefaid, and laying fufficient proof
e£BCQ them, of fuch perfon being killed as aforefaid, (hall
ave and receive the fum of one hundred pounds ; all which
itoards before mentioned ihall be paid to the feveral and ^^^ executors
efpedtive perfons, who (hall become intitled thereto as afore- of perfons kii^
lidy by the receiver general of the cuftoms, or ca(hier of the led. loo.
Kcife refpe(fl!vely, upon an order directed to them for that
urpofe by the commiflioners of the cuftoms or excife ; and
bs money paid by fuch receiver general, or ca(hier, as afore*-
lid, (hall be accepted of, and allowed in his accounts as (b
luch money paid to his Majefty ; and every fuch officer (hall be
eid>y difcharged thereof accordingly ; any law, cuftom, or
(age to the contrary notwithftanding.
XI. And be it further enaded. That if any of the faid of^
»ider or offenders in that part of Great Britain^ called EngUmd^ Offenders dif.
t any time before his Majefty's order in council (hall be made covering, &c.
squiring him or them to furrender him or themfelves within ^^°'^"}^?'®
[le fpace of forty days as aforefaid, (hall difcover two or more of *^^°*P"^^»
is, her, or their accomplices therein, to the commiflbners of
IvB cuftoms or excife in England refpeAively, and apprehend
hem, or caufe them to be apprehended, fo as they, or two of
hem at leaft, be brought to juftice, and convicted of fuch of-
ence, the offender or offenders fo difcovering, (hall have and
eceive the fum of fifty pounds for every fuch offender fo di(bo-
ered and convidled, as a reward for fuch his, her, or their dif- ^ ^^^m^ -qL
overy ; and every fuch perfon fo difcovering (hall he clearly ac- . i^ .
[uittedand difcharged of fuch his, her, or their offence, and all
»ther the like offences then before committed, for which no pro- and be a^-'
ecution (hall have been then commenced : which faid reward cjiiitted.
hall be paid in fuch manner as herein before is mentioned, wkti
efped to the reward for apprehending.
Vol. XVIII. Kk XH. Pro-

49$ AnAo decimo nono Georgii IL c.34. [1746.

Xli. Provided always. That nothing in this zSi contained
(hall extend, or be conftnied to extend , to reftnin his Majei-
ProTxTo for ty's court of King^s Bench^ or any of the judges thereof, or the
^>^ court of jufticiarv in Scotland^ or any of the iudges theroof itt

pedHvely, from oailing any perfon committed for felony by vir-
- tue df this aA, and not convidted or attainted thereof as afore-
fiiid, in fuch manner as they may by law do' in other cafes of fe-
lony.

XIIL Jnd whereas at the fame time that the laws meide fir fear-
ing the revemies of cufioms and e^cife are enforced for the future^ ij
new penalties ana proviftous^ which for the fake of the fmr trakr^
thefecurity of the puhltck revenue^ the quiet andfafety of the Ung-
dom^ and the honour and dignity of government^ vught mo ft rigon^
andJlriSily to be put in execution^ it may be proper to pardon many^
thofe who have heretofore been guilty of fuch illegal pradiices^ ondfMt
it in their pnuer to makefome atonement for their offemes^ and fern
return for the clemency extended to them^ by ferving bis Atc^eiyaad
their country aboard the fleet ; be it therefore ena<Sled by the au-
thority aforefaid. That every perfon who, before the twenty
fourth day of June^ one thoufand feven hundred and forty fix,
Offenders be* fli^H have been guilty of illegal running, landing, unft^ing,
fore 14. June, concealing, receiving, or carrying any wooU, prohibited goods,
'7i^« wares or merchandizes, or any foreign goods liable to the pay-

Tti&M of the duties of cuftoms or exciie, the fame duties not
having been paid or fecured, or of aiding or aflifting thefein,or
(hall have been armed with fire-arms, or other o&nfivearms t
or Weapons, in order to be aidii^ or aflifting any fuch off^nden
or have been guilty of refcuing fuch goods, wares, or merchan-
dizes, or foch foreign goods as aforefaid, where duties had not
been paid or fecured, after feizure from the officers of the ca(-
toms or excife, or of any aA or matter whatfoever, whereby per-
Ions may be deemed and taken to be runners of foreigrn goods
and commodities, within the intent and meaning ot any law
now in force; or of hindering, oppofing, obftru6ting, wound-
ing, or beating, any officer or ofncers of the cuftoms or excife n
in the execution of his or their office or duty, or of aiding or
affifting therein, (hall be, and are, by the authority of this pft-
fent a6t, acquitted, indemnified, releafed, and difcharged sgainft
the King's majefly, his heirs and fucceflbrs, and any officer or
acquitted, kc. ^^^^^ ^^ ^^^ cuftoms or excife, and every of them, and all and
'every other perfon and perfons, of and from all and every the
faid offences, concerning which no fuit or information, orpro-
fecution (hall have been commenced, or compofition made, b^ R
fore the faid twenty fourth day of June^ upon the foUowir^ *
terms and conditions (that is to fay) That he do, befofc he j
(hall be apprehended for the fame, and before the twenty ninth
day of September^ one thoufand feven hundred and forty fii,
enter himfelf with fome commiflion officer of his Majefty's fleet,
ff before 19 to ferve as a common failor in tlie faid fleet, and do, for oneyear
Sept. 174.6, »2it leaft, from the time of fuch entry, adhjally and htrnJUeKrvt

common fail- ""

f 746.] Anno decimo nono GEClRGit II. c. 54. 499

and do duty as fuch in the faid fleet ; and (hall alfo, before the ort In the
faid twenty nmthday of September^ regifter his name, employ-**^
ment, and ufual place of abode, with the clerk of the peace of
the county, riding, or divifion where he refides, in a book which
is hereby direded to be kept by the faid clerk among the records
of the feflions for the faid county, riding, or divifton, for thit
purpofe, and (ha)i fign fuch r^ifter, fignifying that he claims
the benefit of this a6t, and that he has entered hitnfelf with si
certain commiffion officer, by name, of his Majefty's fleet, toi
ferve as a common failor 1 which en^ (hall be made in the fol-
lowing form :

A. B. ^ claims thi hemfit of an acl of the nheteentb

ysarofthe reign dfhis Majeftj King George the Second^ and hasen- ponn'of «h«
teredhimfelfwitb a comtniffion officer of bts MajefifsfleeU ond ias^ntrj.
regsjlered bis name in the boot kept by the clerk of the peace of this
iounty^ ridings or divifion^ this dof of purfuatit

to the direSfions of the faid a^.

For which entry or regifler there (hall be paid to the clerk df

the (yeace of fuch county, riding, or divifion, one (hilling, and

no more ; and that the faid clerks of the peace (hall imm^iate- ^^ ^^ ^^»

ly after the faid twenty ninth day of SiptenAery tfanfmit to thfc"'

commiflioners of the coftoms and excife an exaft account of all Clerki of thte

the perfons who have, by fuch entry or regiller as afbrefaid, in-PJ^?5*i.^

titled themfelves to claim the benefit of this aft. ^nuy,

XIV. Provided alwavs. That every perfon who (hall mak6

fuch entry, and claim tne benefit of this prefent aft as aforefaid Perfonsdum-
and (hall afterwards be guilty of, or commit any of the like of- ing under^
fences as thofe herein iSfore mentioned, or hereby intended to rTd^^J^
be acquitted, releaft^d, ot difcharged, or (hall at any time after ^c.."*^**^*
defert from the faid fervice, ot within the faid year procure his
difcharee therefrom, (hall be fubjeft and liable to be profecutedy
not oniy for or in refpeft of futh new offence, but (haU alio be liable to doo-
fubjeft and liable to all the fame pains, penalties, and forfei- ble profecu*
tures, as he would have incurred, or been fubjeft or liable to ^®"'
in cafe this indemnity had never been given \ any thing 'herein
contained to the contrary notwtthftand/ng.

XV. Provided alfo. That if any officer of his Majefty's navy

ihall by falfe mufte/ or certificate, or by any other collufive or penalty on
evafive ways or means whatfoever, fuffer or permit fuch perfon falfe moftcrs,
to avoid the aftual fervice as aforefaid, fuch perfon fhall not only ^^-
lofe the benefit of this aft, but every fuch officer (haU fuffer the
-penalty of five hundred pounds.

XVi. And be it funher enafted by the authority aforefaid.
That in cafe any information fhall be commenced aod brpught Cofb» kc not
to trial, on account of the feizure of any fhip as forfeited for il- to be riven to
legally carr)'iDg goods, or of aiiy wooll, goods, war^s, or mer- defcnd^t,
chandizes, as prohibited or uncuftomed, or illegally carried or JJa^ipioba^
exported, or intended or attempted to be exported, ot as illegal- caufe of

iH}^ % lyfozure.

goo Anno decitno nono Georoii II. c. 35. 1746*]

ly relanded after having been fliipt or exported upon debenture
or certificate, wherein a verdi£l Ihall be £3und for the clairocr
The )ud^ thereof, and it (hall appear to the judge or court before whom
&aU cenify. the fame (hall be tried, that there was a probable caufe of feizure,
the judge or court before whom the faid information (hall be
tried, £all certify on the record, that there was a probabb.
caufe for the profecutor's feizing the faid (hip or goods ; and in
Xu^h cafe, the defendant (hall not be entitled to any cads of fuit
whatfoever, nor (hall the perfons who feized the faid (hip or

i^oods be liable to any action, indidtment, or other fuit or pro-
ecution on account of fuch feizure ; and that in cafe any addon,
indidtment, or other profecution, (hall be commenced and
brought to trial againft any perfon or perfons whatfoever, on
account of the feizure of any fuch (hip, or of any wooU, goods,
wares, or merchandizes, as prohibited or uncuftomed> or as il-
legally carried or exported, or intended or attempted to be ex-
ported, or illegally relanded as aforefaid, wherein a verdid (hall
be given againft the defendant or defendants, if the court or
judge, before whom fuch a£tion or profecution (hall be tried,
(hall certify on the faid record, that there was a probable caufe
for fuch feizure, then the plaintiff, befides his (hip or goods (b
feized, or the value thereof, (hall not be entitled to al^ve two
Damages td. pence damages, nor to any cods of fuit, nor (hall the defendant
^*» *•• in fuch profecution be fined above one (hilling.

This aft to be XVII. And be it further ena6ted by the authority aforefaid,
in force for That this' adt (hall continue in force for the fpace of (even years,
y^imtedh *"^ ^^^^ thence to the end of the next feflion of parliament.
•6 Geo. a. CAP. XXXV.

* ^** jln a£l more effeSlually to prevent the frauds and abufes com-

mitted in the admeafurement of coals within the city and
liberty of Wcftminfter, and that part of the dutcby of
, Lancafter adjoining tberetOy and the feveral parifhts of
Saint Giles in the Fields, Saint Mary le Bon, and fucb
part of the parifh of Saint Andrew, Holborn, as lies in
the county of Middlefcx.

"ITTHEREAS manyfraudsand abufes are daily committed in tbi
V±6 ** ^ V admeafurement of coals y and in^ and relating to the ccal traity
within the city and liberty ^/^ Wcftminfter, and that part of the d^-
cby of Lancafter adjoining thereto^ and in the parifh of Saint Gild
in the Fields, Saint Mary le Bon, and fuch part ef the parijh if
Saint Andrew Holborn, as ties in the county of Middlefex, n^t-
with/landing the laws now in force for the regulation of the coal trade i
for remedy thereof, be it ena<5ted by the Kiing's mod excellent
Majefty, by and with the advice and confent of the lords (pi-
ritual and temporal, and commons, in this prefent parUameot
aflbmbled, and by the authority of the fame. That ftom and
after the twenty fourjth day of September^ one thoufand feitco
hundred and forty fix, there (hall be ere<5ted aihd contioucdi
wUhin the ciQr and libexty of fyejlnunfier^ one publick office,

wbicfa

G.a6.

1 746.] Anno decimo nono Georgii IL C. 35, g^i

Tvhich (hall be called by the name of The Land Coal-meters office j Land coal-
for the city and liberty of Wejiminfter ; which faid office (hall ">«^«r« office
from time to time be manaeol by two perfons, to be nomi- *^^ «**^^^
nated and appointed by his Majefty, his heirs and fucceflbrs ; ft^r^ an?two
. which faid two perfons, fo to be fiominafed and appointed, managers to
(hall be called and known by the name of The principal Land ^^ ^P?^^^^^^
Coal-meters for the city and liberty of Weftmindcr ; and fuch of- *^ ^^' *•
fice, after eredled, (hall be kept open every day {Sundays ex- Their title
cepted) from the twenty fifth day of March^ to the twenty ninth
day of September yearly, during, the continuance of this aft,
from the hour of nve till twelve in the forenoon, and from the OfRce hours,
hour of one till eight in the afternoon j and from the twenty
ninth dav of September^ to the twenty fifth day of March yearly,
during tne continuance of this aft, from the hour of feven till
twelve in the forenoon, and firom the hour of one till fix in
the afternoon.

n. And be it further enafted by the authority aforefaid. That Principals to
no perfon or perfons (hall be capable of afting as one of the be fworii.
principal land coal-meters, until he or they (hall, before two
or more of his faid Majefty's juftices of the peace for the (aid
city and liberty of Wejlminhir Twhb are hereby authorized and
recjuired to adminifter the lame) take an oath m the words fol-
lowing ; to wit,

I A. B. do fweary That I will trulf and faithfuVyy according to The oath.
the beji of my judgement and ability^ execute the office of me of
the principal land coal-meters for the city and liberty ^Weftminfter,
and for that part of the dutchy of Lancafter adjoining thereto^ and
for the feveral parijbes of Saint Giles in the Fields, Saint Mzry le
Bon,, and for fuch part of the parijh of Saint Andrew, Holborn,
as lies in we county ^^Middlefex.

So help me God..

' III. And be it further enafted by the authority aforefaid, R-jncipa's to
That it (hall and may be lawful to and (or the (aid principal appoiiit la-
land coal-meters, or any one or more of them, and they or bouringcoal*
any one or more of them, «re and is hereby authorized to"*^*^"*
appoint a fuflicient number of perfons to be labouring coal-
meters within the faid city and liberty, and the aforefaid part,
of the faid dutchy of Lancafter^ and in the faid pari(hes, and in
the aforefaid part of the faid pari(h of Saint Andrew^ Holborn^
one of which faid labouring coal-meters (hall attend every day tobcftation-
{Sundays excepted) at fuch of the coal wharfs, wharehoufes, orcd.
other places of fale, within the faid city and liberty, and in the
aforefaid part of the faid dutchy of Lancafter^ and in the faid
pari(hcs, and the aforefaid part of the faid pari(h of Saint >//r-^
dreWy Holborn^ at which he (hall be ftationed by the principal
farid coal-meters, or any one or more of them, from the twfcnty
fifth day of March^ to the twenty ninth day of September ^jtAX^ Vio\a% of at^
ly, during the continuance of this aft, from the hour ot five tendanGt
till twelve in the forenoon, and from the hour of one till eight
in the afternoon \ and from the twenty ninth day of September^

Kk3 »

502 Anno decimo nono GeoRGH II. C. ^5. [^74^*

to thie twenty fifth day of March yearly, during the continuance of
this ad, from the hour of feven till twelve in the foreiK)on,aDd
from the hour of one till fix in the afternoon, to meafure out the
coals which (hall, from time to time, be fold at any of thef»d
wharfs or warehoufes, where fucb labouring coal-meters (bail
be fo ftationed as aforefaid.
To be fwotn. IV. And be it further enacted by the authority afordaid,
That no perfon or perfons (hall be capable of aAing as one of
the labouring coal-meters to be appointed as aforefaid^ until be
or they (hall, before two or more of bis faid Majefty'sjuftices of
the peace for the fiud city and liberty oi fVeJlminJler (who is and
are hereby authorized and required toadminifter thefiune) tike
an oath in the words following ; to wit.

The oath.

I A. B. do /wear y that I will duly and faithfully^ totheUfi^
myjkill and knowledge^ execute the office of one of the lakaarhig
coal-meten for the faid city and liberty ^ We(hnin(lcr, andfortbot

Jufticet to
certify the
oaths.

Penalty of

breaking

bulk.

Stations to be
varied.

Pool nwafiire.
&c.

part of the dutchy ^Lancafter adjoining thereto^ and for tbefeverd
parijhei of Saint Giles in the Fields, and for Saint Mary le Boo,
and for fuch part of the farijb of Saint Andrew, Holhem, asUesm,
the county of Middleta ;, and will well and truly^ according to the
htft of myjkill andiudgement^ meafwe coals between hcyer andfdttr^
without favour or iu-will.

So help roe God.

And the (aid juftices refpe^vely, who Oiall admini(fer the fiul
oaths hereby directed, are hereby required to certify the taking
tliereof to the next general quarter feflions of the peace^ to be
held for the (aid county of Middlefejc^ after the taking of fiich
oaths refpetflively, there to remain on record.

V. And be it further enacted by the authority afore&id. That
if any lighterman, or other perfon, after coals (hall have been
delivered on board any lighter or craft from outof any (hip, (hall
break bulk, before the time of delivery at the wharf, in theab-
(ence of a meter, or of the confumer, or of his agent (in cafes
where the meter is not hereby obliged to attend tbei delivery)
the perfon fo offending in this refped (hallj for every oflEbncc,
forfeit and pay the fum of five pounds

VI. And, in order to prevent confederacy, be it enaded.
That the ftations to be appointed ta and for the (aid labouring
coal-Qieters,, at the faid wharfs, (hall be varied in fuch manocr
as the principal coal-meters, or any one or more of them (hall
think fit.

VII. And be \t further enaAed, That all contra|i5lS' and agree-
ment« to be made, at any time, &om and after the (aid twenty
fourtl^ day of Sippf ember y for any quantity of coajs hq be deliver*
cd witjbin t}m faifl city and liberty of Ike/iminfler^ or the afow-
fs^4i part of the faid dutchy,. or die faid. j^rJlhes, or the afoce-^
faid part of thef^idt parJA^ Qf Saint Afldiewy Uolbomy ike&bf^
fum any ligbtt^';. oi^.ot^^r crafti^ to thecop£imi^ (nQtbein^lete
tlian. five cbAldti^r* ),\(J^aU be for pool n>ea(ar^ including the Uh

fiiia

174^*] Anno dccimo nono Georgii U. c* 35. 503;

grain of one chaldron in every fcore^ according to the ancient
cuftom of the port of London^, and (hall be fo underftpod between
the feller and buyer, though the term of pool meafure may be
omitted in any written or rerbal contra^ or agreement for that
purpofe.

VIIL And be it further enafted by the authority aforefaid, p^| meafure
That all coals which (hall, at any time from and atter the faid &c. to be
twenty fourth day of Siptembir^ be delivered as and for pool loaded fcpa-
meafure at any wharf within the faid city and liberty, or the r*'^^y*
faid part of the faid dutchy, (hall be loaded feparately in the
craft, together with the ingrain thereto belonging, and (hall be
fo filled and delivered from thence, without b?ing meafured by
the bu(hel, unlefs the buyer defire to have the lame (b meafured.

IX. And be it further enadted by the authority aforefaid. That q^ hbour-
all coals which, from and after the faid twenty fourth day of ing coal meter
September^ (hall be fold as and for wharf meafure, at any place to be pre(ent
or places within the faid city and libeny, or the aforefaid part ^^ "^^^^ mca-
of the faid dutchy, or the faid parifhe^, or the s^fore(aid part of '"••

the faid pari(h ot Szmt Andrew, Holborn, (hall be meafured in
the prefence of one of the faid labouring coal-meters, in fuch
manner as is directed in and by an a<5t of parliameqt, made an^

1>afled in the fixteenth and feventeenth years of th? reign of his 16 & 17 Car.
ate majefty King Charles the Second, intituled, J^ (^^ for re-- » "p. 1.
gulating the mecfures and f rices of coals ; and the (aid labouring
coal-meters (hall and may, and be and they i$ and are hereby
authorized s^nd recjuired, to (ill up ^y hufhe] or bu(hel$ of coals, who is to fill .
as (hall appear to him or them to be de^ciei^t or wanting in mca- "P deficient
fure, out of the ftock of coals of tlie perfon or pcrifons fo vend- °^*^""^*
ing or contradling for the fale of the f^d coals.

X. And be it further enabled by the authority a[fpre(aid, ^^itr topay
That four pence by the chaldron for every chaldron which fronj 4^1. ^frUial-
and after the faid twenty fourth day of September^ (hall b^ fol4 dron.

and delivered at any wharf, warehoufe, or place, within the fai4
city and liberty of IVefbninJlery or the aforefaid .part of the faid
dutchy, or the faid pari(hes, or the aforefaid part of the faid
pari(h of Saint Andrew^ Holborny (hall be paid by the feller of
fuch coals, to the principal land coal-meters for the time being,
or to the labouring coal-meters, for the purpofes following ;
that is to fay, one moiety thereof for the ufe of the principal
coal-m^ers, as a recompence of their lab6ur and trouble, and
and for defraying thecharees of their clerks, melTengers, houfe-
rent, fire, candles, and 911 other expences incident to the exe-
cution of the office aforefaid ; and the other nioiety for the ufe
of the labouring coal-meters ; and thereupon fuch principal
land coal-meters (hall, and they are hereby refpc^ivelv required Meters togivc
to deliver, or caufe to be delivered, to every feller of (uch coals, tickets,
or the carpian who (hall cart, lead, drive, or carry the fame, a
paper-writing, or ticket, (igned hy the faid principal land coa)-
ineters, or one or more oftheip, and cpunterfigned by the la-
bouring cQal- meter attending and delivering the fame, m which
(hall be contsiined as wfU the chrifti^n and^-name pf therefpec*

Kk4 tive

504 Anno decimo none Georgii II. c. 35. 074^*

five fellers, a& of the confumers of the faid coals, the quantity
and quality, the price per chaldron, and the day of the week,
month, and year of the fales, delivery, and aclmeafurenienty
the amount of the metage charge, and the names of the car-
men, or perfons employed to can, lead, drive, or carry the
fame coals ; which faid ticket being thus made complete, and
metage paid, (hall be delivered unakered by the labouring coal-
meter counterfigning the fame, without delay, to the carman,
or perfon employed to cart, carry, drive, or lead the coals, def-
cribed in fuch ticket, to the confumer therein named ; which
faid ticket unaltered, the carman, or perfon therein named, to
be employed to cart, carry, lead, or drive the coals, in fuch
ticket, delcribed, (hall, and they are hereby refpedively reqoir-
Tickett to be ed to deliver to the refpedthre confumers therein named, or to
^^Wvcrtd to their agent or fervant who (hall attend to receive the coals dcf-
thc confumer ^^jj^j -^^ f^^^ jj^^^^^ f^^ ^^e ufe of fuch confumer ; and there-
upon he, (he, and they are hereby required to pay to the fellcr
^'d A^ ^* named in fuch ticket, the metage therein fpecified j and if the
^ cme- jgb^uring coal- meter counterfigning fuch ticket, (hall, after
payment of the metage charge in purfuance of this z&, refufeto
deliver fuch ticket as herein before directed, to the carman, or
perfon employed to cart, lead, drive, or carry the coals therein
defcribed, fuch labouring coal-meter (hall, for every fuch of-
^^SiC^&^ fence, forfeit and pay the fum of five pounds ; and if fuch car-
of tidtct*!^* "™^"> °^ perfon employed to cart,- carry, lead, or drive the
coals defcribed in fuch ticket, (hall (after the fame ticket (hall
have been b delivered to him by the labouring coal-meter coun-
teriisning the fame) either alter or negledt or refiife to deliver
the ume ticket to the confumer therein named, or to the a|ent
or fervant who (hall attend to receive *the coals defcribed in fuch
ticket; fuch carman, or perfon emploved to cart, lead, or drive
the coals deicribed in fuch ticket, (hall likcY^ife forfeit and pay,
for every fuch offence, the fum of five pounds.
Penalty on XL And be it enaded by the authority aforefaid. That if

icarts carrying any cart or carts loaded, or in which any quantity of coals,* ex-
^oaJs without ceeding eight bu(hels, (hall be fent or driven from any wharf,
pckct». warehoufc, or place within the faid city and liberty of fVeJimn"

Jltr^ or the aforefaid part of the faid dutchy, and parifhes afore-
faid, or the aforefaid part of the faid pari(h of Saint Andrew^
Holborn^ without firft having obtained fuch ticket as aforefaid ;
that then, and in every fuch cafe, the vender of the faid coals,
and the driver or leader of fuch cart, being convi6led thereof by
the oaths (or being by one of the people called ^uakers^ by affir-
mation) of two or more wjtneflcs, before one or more of his
Maje/ly's ju(lices of the peace for the faid liberty of Wejimhifter^
or county of MiddUfex^ and which he and they are heY^by leC-
pe6tively anthorized and required to adminifter and take, (hall,
for every offence, forfeit and pay the refpe6live fums following
(to wit j the vender of fuch coals the fum of fifty pounds, and
\ht driver of fuch cart the fum of five pounds.
^11. And it is hereby enaded by the authority afbrelaid,

17+6.] Annodecimo nonoGEORGii II. c. 35. 505

That if any meter to be appointed by virtue or purfuance of Penalty on
this a^, fliall deliver any fahe ticket, or wilfully make, or pro- f**He tickets,
cure to be made, any falfe meafure, and be thereof convicted ^*^ ""^ ^^^'
by the oaths (or in cafe the teftimony in this refpe^l (hall be
given by any of the people called falters, affirmations) of any
two or more credible witnefles, before any one or more juftice
or juftices of the peace for the faid liberty or county (and who
are hereby refpe<5tiveiy required and authorized to adminiftcr
and take the fame) fuch meters (hall refpedtively be, from and
immediately after the time of fuch conviction, incapable of act-
ing as a coal-meter in purfuance of this a6t, and forfeit the fum
of five pounds.

XIII. And be it further enafted by the authority aforefaid, . . .
That from and after the faid twenty fourth day of September ^ coalmeuf to
no coals, of or belonging to any dealer in coals, above the be prcfent at
quantity of eight bufhels, under and in performance of any one any quantity
contract, (hall be fent and delivered from any wharf, warehoufe, |^"^ *|*^^^ ^
or ftorehoufe, within the faid city and liberty of IVeJiminfter^ or " ^^ *' ,
the aforefaid part of the faid dutchy, or the laid parKhes, or the
^forefaid part of the faid pari(h of Saint Andrew.^ Holborn (ex-
cept in the prefence of one of fuch labouring coal-meters, in
purfuance of the directions of this a<5t) any tiling lierein contain-
ed to the contrary notwith(tanding.

XIV. Provided always, and it is hereby declared. That this

a<St (ball not extend to the owners of any v/orks for raifing wa- Exception!.
ter by fire, nor who at any time (hall have twenty chaldron of
coals, or upwards, in any lighter or lighters, or other crafts,
and who (hall not vend fuch coals, but that they fhall 'and may
have twenty chaldron of coals, or more, delivered under the
infpeAion of their own agent (in the abfenc^ of a meter) and
in that cafe, fuch perfons are hereby refpedively exempted from
payitient of any metage charge by virtue of this a6t; bur if fuch
perfons (hall require the care or attendance of any meter, to be
appointed in purfuance of this adt, then, and in fuch cafe, they
(hall pay the metage charge of four pence by the chaldron here-
by laid, as other confumers of coals are hereby obliged or ought
to do, in purfuance of this adt ; any thing herein before con-
tained to the contrary hereof notwithftanding.

XV. And be it further cnadted by the authority aforefaid.

That if any fuch labouring coal-meter (hall, from and after the Penalty on h^
faid twenty fourth day of September ^ wittingly or willingly fuf- bouring coal-
fer any coals, fold as and for wharf meafure (exceeding the '"?^^P P«^"
quantity of eight bufhels) to be fent from any wharf or ware- UM?nlcU tobe
boufes within the faid city and liberty of Wejiminjier^ or the a- fold immea-
forefaid part of the faid dutchy, or the 'faid pari(hes, or the ^ured.
aforefaid part of the faid parifhof %^\vx Andrew^ Holborn^ with-
out being meafured in the manner herein before diredled, and
fhall not give information thereof to the principal land coal- me*
ters, or their deputies, at the faid office, within two days next
after fuch coals (hall have been fent as aforefaid, and (nail be
duly copvided thereof^ by the oaths of two or morb credible

wit-

Penalty on
dealers giv-
ing, and la-
bouring coal-
meters receiv

ron.

5o5 Anno decimo nono Georgii II. c. 35: [^74^

witneflTes, fuch labouring coal-meter (hall from thenceforth be
for ever rendered incapable of ading as a labouring coal-meter
vrithin the faid city and liberty of Weftminfltrj or the afor«£ud
part of the faid dutchy, and the faid parifhes, and the afore£dd
part of the faid parifh of S<ilnt Jndrew^ Holborn^ and forfeit and
pay the furo of five pounds.

XVI. And be it further enafted by the authority aforefud.
That if any dealer in coals (hall, from and after thet faid twenty
fourth day of September ^ dire<Sbly or indire<5lly give, or caufc to
be given to any labouring coal-meter or coal-meters, to beap-
. pointed in purfuance of this a<St, any fee, reward, gratuity, or
il^'wer diald" ^""™ ^^ ^^^^ ^^ money whatfoever ('other than the faid fum of
* four pence by the chaldron, hereby direded to.be paid as afore-

faid) for his trouble or pains in attending or meafuring of coals,
as herein before directed ; or if any labouring coal-meter or coal-
meters (hall, dire<StIy or indiredUy, receive from any dealer or
dealers in coals, any fuch fee, reward, gratuity, fum or fums of
money, other than the faid fum of four pence by the chaldron,
hereby directed to be paid ; that then, and in fuch cafe, every
fuch dealer or dealers in coals (hall, for every fuch offence for-
feit and pay the fum of fifty pounds, and the labouring coal me-
ter or meters, who (hall have received fuch fee, reward, gratu-
ity, fum or fums of money, (hall be from thenceforth m ever
rendered incapable of adting as a coal-meter within the faid ci-
ty and liberty of Wejiminjlerj and the afbrt faid part of the fiud
dutchy, and the faid pari(hes, and the aforefkid part of the (aid
pari(h of Saint Andrew^ Holbom^ and forfeit and pay ihefiun
of five pounds.

XVIL And be it further ena<5Ved by the authority afbreiaid,
That if the driver of any cart loaded with coak, or any perfoa
belonging thereto, or employed therewith, fliaU deliverer fuf-
fer to be delivered or taken from fuch cart, any coala, under
his care, otherwife than to or for the ufe of the owner, or own-
ers thereof, and (hall be convi6ted of fuch offence, (hall for
every fuch offence, forfeit and pay the fum of five pounds.

XVIII. Provided alfo, and be it further ena<Sted by the au-
thority aforel'aid. That if any perfon or perfons (hali be difiatif-
fied with, or think himfcif or herfelf aggrieved, by or in tht
meafure of any Coals, under or by virtue of this aCT, the (aroe
coals (hall (either upon acquainting the feller of fuch coals, or
the carman driving or leading the ume, at any time during the
delivery thereof, and before the carman (hall be difcharged there-
' of by the confumer, or his, her, or their agjent or agents) be
re-meafured, either in the prefence of a fea-coal- meter, from
the fea-coal-meters ofiice in the city of London^ or one of the
. meters, or their agents, appointed in purfuance of this ad ;
per chaldron, for which (hall be paid, for the purpo(cs afbrefaid, the fum of
The feller * four pence, and no more, for every chaldron \ and in cafe the
liahje to pe- coals thus to be re-meafured, (hall not amount to the meaftut
for which they were originally fold and meafured, the fdlers of
fuch coals are hereby refpcdlively i^ad^ liable to the peiahies

and

penalty cm
carters de-
frauding the
owner.

Per fans dilTa-
tisfied may re
meafure the
coais, giving
notice.

p.ilries for de
Eciency.

1746.} Ajino decima nono Geor^ii IL 0.-35^ 507

qnd puni(hments ]nfli<5ted, and to be recovered and applied ia
fuch manner, and by fuch ways and means, as by the laws now
in being, made for the puni(hment of offences of this fort, arc
direifled.

XIX. And it is hereby further ena<Jled by the authority afore- After notice
faid. That from and after notice ihall have been given \n writ- of dilTatisfac*
ing to the feller of fuch coals, or to the carman carrying, driving, tioq,

or leading the fame, and whilft fuch coals (hall fo remain in
their or either of their pofleffion, or power as aforefaid, of any
fuch diflatisfaiSlion or grievance as aforefaid, fuch feller or car-
man, in whofe pofleffion or power fuch coals (hall, at the time
of fuch notice be« (hall not leave or depart from the cart in which Perfon not to
fuch coals (hall have been laden, but he and they (hall remain *ly* ^^^ *^^'?»
with the fame, and take all poffible care both of the coals andp^^un^^ *
cart, till a meter or meters, appointed in purfuance of this a6l,
can be procured to re-meafure fuch coals ; and they are hereby
rcfpedtivcly required, from time to time, with all convenient
fpeed, on notice for that purpofe to be delivered or left at the
faid office, in writing, in any of the faid office hours, to attend
for that purpofe.

XX. rrovided alfo. That no perfon or perfons whatfoevcr^®'^?'** *^*^-
who (hall be a feller of coals, or dealer in, or employed in thcg^f„ ^^V^™
carrying of coals, or a warfinger, or intereftcd in any wharf, paisfrUbour-
fhalf at any time he capable of adting, or a£l, either as principal mg coal-me-
or labouring coal-meter in virtue hereof. ^««-'

XXI. And it is hereby further ena<£ted and declared by the penalties how
authority aforefaid. That the aforefaid (everal forfeitures and to be recover,
penalties impofed, and to be incurred by virtue of or under this «dand applied
prefent a£t, fhall be recovered and applied in the maimer, and

to and for the purpofes following (that is to fay) fuch and fo
many of the fiiid foneitures and pensllties as do and fhall exceed
the Him of five pounds, bv adion of debt, bill, plaint, or infor.
mation, in any of his faid Nf ajefly*s courts of record at ff^ifimin-
Jler : the one moiiety of which faid forfeitures and penalties (that
is, where each of them exceeds five pounds) fhall be to and for
the ufe of his (aid Majefly, his heirs and fuccefTors, and the
other moiety thereof (with full cofls of fuit) to and for the ufe
of fuch perfon or p^fons who (hall inform or fue for the fame :
and all other the aforefaid forfeitures and penalties fhall be re-«
covered by way of complaint, made unto any one or more ju^
fiice or juflices of the peace for the (aid city and libernr of ^^-
minjiir^ or for the faid county of JUSddlifix^ who is, ana are here •
by required to call the parties before him or them, and to hear
and examine fuch complaint on oath, or upon affirmation (ia
cafe any teflimony in this refpedt fhall be given by any of the
people caUed ^faters^ and which oath or affirmation fuch ju-
mces are hereby refpedively required and impowered to admi«i
nifter and take) and upon due proof thereof made to his or their
fatisfadion, to grant a warrant or warrants, under his or thdc
hand and feal, or bands and feals, for levying fuch forfeiturea
and penaltiies accordingly j, the one moiety toercof to and for the

5o3 Anno dccimo riono GeoRGII II. C. 35. r'74^*

vfe of the informer, and the other moiety thereof to and for the
ufe of the poor of the parifh in which fuch offences (hall have
been refoe^lively committed j and in cafe fuch forfeitures or pc-
nahies mall not (after fuch convi<5tion or convi<5lions) be forth-
with paid ; that then the fame (hall be levied by diftrefs and Ut
of the goods and chattels of the refpeAive ofTenders, by wamnt
or warrants under the hand and feal, or hands and feais of fuch
juftice or juftices of the peace, before whom fuch offender or
offenders (hall be convidled, rendering the overplus (if any be)
to fuch offender or offenders ; and for want of fufficient difh^ls
or diflrefTes, fuch offender or offenders (hall be committed to
the houfc of corredlion, for any time not exceeding thirty days,
and not lefs than fourteen days, there to remain^ and be kept to
hard labour.
Appeal to the XXII. Provided alfo, and it is hereby further ena<5led and
femoDs. cJeclarcd, That if any perfon, (o convicted as aforefaid, (hall

think himfclf aggrieved, he may appeal to the general quarter
fclTions of the peace, to be held for the faid county of Miidk'
fex next after fuch conviftion (but not afterwards} and that fef-
fions, when (b appealed to, (hall, at the then next ieffions after
brin^ins fuch appeal, hear and finally determine the fame;
and if the appellant, in fuch appeal, (hall not make good, fup-
port, and fucceed in fuch his appeal, or profecute the fame with
effecSt, the faid court of fedions (hall then award fuch co(k as
they (hall think reafonable, to be then and there, in open coun,
witn the penalty adjudged on and by fuch conviAion, paid to
the profecutor or informer, and for want thereof, to commit
the perfon or perfons, thus appealing, to the con^mon gaol of
and for the faid county of MiddUftx^ and there to remain until
he or they (hall and do make aAual payment of fuch co(ls and
penalty, to the perfon or perfons to whom the fame (hall be a-
warded, for the purporcs aforefaid ; but in cafe the faid appel-
lant (hall make good, fupport, and fucceed in fuch his appeal,
and be acquitted of his convi<Sion, the fame court (hall, in that
cafe, award to fuch appellant reafonable cofts, to be then and
there, in open court, paid to him or them, by the perfon or
perfons on whofe information or profecution fuch convidion
(hall have been founded or made ; and for want of fuch payment,
the faid court of fedions (hall commit fuch informers and pro*
fccutors rcfpc(5ti\^ely to the common gaol of the faid county of
Middlefexy there to remain until he or they (hall and do aSually
pay to fuch appellant the cofts fo refpeAively awarded to them
as aforefaid ; but no conVi^ion, to be pronounced or made by
virtue of or under this a<ft, (hall be quafhed or vacated for want
of form only.

XXIII. And it is hereby further ena^ed. That no writ of
Ho Certiorari. Certiorari (hall ifTue, or be ifruable, to remove the record of any

convidHon or proceedings thereon, to be taken, made, or prt)-
riounced In purfuance orby the authority of tliis a<5l, into any
of his faid Majeft/s courts of record at Wejtmwftcr.

XXIV. And be it fiirther cnafted by tl\e authority afbrc&'d,

That

The court to
award coftf.

Cojivi^Vion
r)o( to be
r.tiaflicUfor
u tnt of i'orin
only.

174^0 Anno decimo nono Georgii II. c. 36. 509

That if any acftion, information, or fuit (hall be brought, filed,
or profecuted againft any perfon or perfons, for any thing to be
done in purfuance of this a6l, the fame Ihall be commenced or
filed within fix months next after the fa6l committed (and not ^^^^ ^^ ^®
afterwards) and (hall be laid in the county of Mddlefex (and not ^^TJi^^^"
elfewhere) and the defendant or defendants in or to fuch anions, months, &c.
fuits or informations, may plead the general ifiue, and give
this a<^ and the fpecial matter in evidence, on any trial to ht General iiTue.
had thereupon, and that the fame was done in purfuance of this
adl ; and it the fame (hall appear fo to have been done, or if
any fuch adtion, fuit, or information (hall be brought or filed,
after the time for this purpofc herein before in this refpedt li-
mited, or (hall be laid or brought in any other county or place,
then the jury in every fuch cafe (hall find for the defendant or
defendants ; and if the plaintiff or plaintiffs (hail become nonfuit-
cd, or fufFeradifcontinuanceof his,her,or their action or adions,
or if a verdidt (hall pafs againft the plaintifFor plaintiffs, or if upon
demurrer judgement (hall be given againft the plaintiff or plain-
tiffs, the defendant or defendants (hall have full cofts, and fuch
remedy for the recovery of the fame, as any defendant or de- ^^'^ ^^^*-
fendants hath or have for cofts of fuit in other cafes by law.

XXV. And be it further enaded by the authority aforefaid.

That this prcfent a<ft (hall be deemed, judged, and taken to be Publick aft.
a publick a£t, and (hall be judicially taken notice of as fuch by
all judges, juftices, and all other perfons whatfocvcr, without
fpecially pleading the fame.

XXVI. And it is hereby further enaAed by the authority ^i^-j^j^^j^

aforefaid. That this adl (hall continue and be in force for three be in force for

years from and after the faid twenty fourth day of September ^ and 3 years.

irom thence to the end of the then next feflion of parliament. Continued by

^ 14 Geo. 2.

CAP. XXXVI. J-sr.f.".

»See 13 Geo. %•
An a£l to allow the purcbaje^ for his Majejiy*s ufe^ of navah* «6.
Jlores brought into this kingdom on board neutral Jkips^ by ^"(^ *^*^^"'^'
any of bis Majejlfsfhips^ and to allow fuch fiores to be
landed and entered during the continuance of tbeprefent
wars with France and Spain, or either of them. Exp.

WHEREAS great numbers of/bips of neutral nations do daily
pafs the fees laden with naval ft ores^ which they carry to the
ports of France and Spain, whereby his Majeji/s enemies are not
4inly enabled and enumraged to fit out and arm privateers to dtfhrox
the trade of bis Majeftfsfubje^s^ but alfofupplied with materials t9
build and fit outjbips of war to annoy and invade his Majeftfs domi'^
nions: and whereas divers Jhips of neutral nations^ laden as aforefaid^
already have been taken j and more hereafter may be taken^ and brought
into the ports ^/ Great Britain, and the purchafe of fuch naval Jlores^
laden onboard fuch fbips of neutral nations^ for the fervice of his Ma-^
jelly ^ may in many cafes be expedient ^ without proceeding to the con-^
aemnation thereof: but whereas by an aCt of parliament pa ffed in the ,, q^^^ ^^
tuvelftbyear of Us late majeftj King Charles the Second^ (intituled^ c. is. '

AU

5IO Anno decimo nono Georgii IL Cgy, [^74^*

An 26i for the encouraging and increafinz of (hipping and iia?i-

gation ;) // is amongji other things j ena£iedy That nof^rt §f mt^i^

timber^ or boards^ pitihy tar^ rofin^ bemp^ or flaXj Jbail hi impirt"

fi into England, Ireland, Waies» or town ifBermkk apm

Tweed, inanyjbipor/hips^ veffil or veffils wbat/oever^ butinfwA

as do truly and without fraud belong to thipeopU tboroofy orfometf

them., as the tru£ owners and proprietors thereof^ and whereof the maf-

ter and three fourths of the mariners^ at leeji^ are Engliih, extef^

only fuch foreign Jhips and vejfels as are of the buiit of that country er

phcsy of which the faid goods are the growth^ prodsUIioto, or man'

failun^ or fuch port where the faid goods can only be^ or moftufiuBj

arefirfljbippedfor tranfportation^ and whereof the motfttr ani thru

fourths of the mariners^ at leafly are of the fend country or pkce^n-

dor the penalty and forfeiture ofjhip and goods : and whorua bf ot

Geo 2 ^^ ofparKament made in the thirteenth year of his prefent A^e/tfs

c/j. ' ** reigny (intitultdy An ad for the better fupply of mariners and

feamcn to ferve in his Majefty's (hips m war, and on board

merchnnt (hips, and other trading (hips and privateers ;} i/ i$

provided^ That during the continuance of the prefent war^ and m

longer {except as therein is excepted) it Jhatland may be krwfoi foe

any merchant Jhip, orcther trading Jbip or veffU^ or privateer ^ tok

navigated by foreign feamen or mariner s^ not being natives of Great

BriUin, or of any of the colonies orpkntaiions thereto belengingy r

bis Majejifs natural or naturalizedfitbio&s^ fods thenumher^fmh

foreign feamen or mariners do not exceed three fourths eiftbe tnaruun

at any one time employed to navigate fuch merchatet ftnp^ or ether ^ai^

ing Jhipor veffeU or privateer \ and that one fourth^ at let^^ of the

mariners or feamen Jo employed^ be at all times natives^ or bis Ak-

jejlfs naturalized fubje^ts of Great Britain, (fudden deaths eaido

hazard^ and cafuaUies of war and the Jeas^ faved and excepted ,)

now be it cnaded, (f^c.

CbmmiiTioners of the navy may buy naval (lores brought in neutral (hips
during the war. Commiitaoners oH the cuftomt to permit tlie iame to k
entered and landed.

CAP. XXXVIL
din ail to regulati infurance an Jhips helenjging ta ibefnhjtBs
of Great Britain, and on merchandizes or effect laden
thereon.

WHEREAS it hath been found by experiencey thett the mei-
ing affurances^ interefi or no interejf^ or without /krtherprotf
of interefi than the policy y hath bteh prodn^iw of matey permaees
prafficesy whereby great numbers of fiipSy with their cargoes^ bate
either been fraudulently loft and M/troytiy of tdien by the enetny io
time of war ; and fitch affierances have eneottraged the exportation of
woolly and the carrying on many other prohibhedand elemdej/iine trades^
tvbich by means of fuch affurances have beett coHcoaiedy and the par-
ties conce^-ned fecured from lofsy as tOellto the MminmiieA of the pub-
lick revenue^ as to the great detriment of fair tradefs : and by tatro"
ducing a mifchievous kind of gaming or wagering^ nrtder thepretemt
tfqffitring therifyite onjbtpping^ and fear trait^ Ae in^HmiSon mi

leod'

1 746.] Anno dedmo nono Georgii II. c. 3 7. 511

laudable dejign of making affiirances^ hath been perverted \ and that
which was intended for the encouragement of trade and natdgation, has
in many injlances^ become hurtfiil of and dejiru^ive to the fame: for
remedy whereof, be it enadted by the King's moft excellent
majefty, by and with the advice and confent of the lords fpi-
ritual and temporal, and commons, in this prefent parliament
aiTembledy and by the authcprity of the fame. That from and ko afltirance
after the firft day of Augufi^ onethoufand feven hundred and to be made on
forty fix, no afiurance or amirances (hall be made by any perfon ^^ ^^ ^-
or perfons, bodies corporate or pohtick, on^ahy fhip, or Ihips f^yJ^Jn^
belonging to his Majefty, or any of his fubjects, or on any te^ or no*
goods, fperchandistes, or effefts, laden or to be laden on board inteitft.
of any fuch fliip or (hips, intereft or no intereft, or without
further proof of intereft than the policy, or by way of gamfa^
or wagering, or without bene(it of ialvage to the a(rurer; and
that every fuch affuranoe (hall be null and void to all intents
and purpofes.

II. Provided always, and be it further enaAed by the autho- Afliirance on
rity aforefaid. That afliirance on private (hips of war, fitted out private fliipi
by any of his Majefty's fubjeds, (blely to cruize againft his^'^^V?*^
Majeity -s enemies, may be made by or for the owners thereof, nrfk"JJ?n^'i^J
intereft or no intereft, free of avenge, and without benefit of (al- tere(U
vage to the afliurer ; any thing heran contained to the contrary

thereof in any wife notwithftanding.

III. Provided alfo, and it is herd>y enacted. That any mer- Aflbrance on
chandizes or eflfeAs from any ports or places in Europe or Ame-^^^ ^^!^
rica, in the pofieflion of the crowns of Spain or Portugal^ may p^j^JlS;
bea(rured in ftidi way and manner, as if this a^ had not been

made.

IV. And be It further enadted by the authority afbrefaid, •. ^m,-^-.
That it (hall not be lawful to make re-afiTurance, unlefs the afliirer {„ ^hat cafes
(hall be iniblvent, become a bankrupt, or die; in either of which admitted. Ice.
cafes fuch a(rurer, his executors, adminiftrators, or afligns, may

make re-aflurance, to the amount of the fum before by him au
fured, provided it (ball be exprefifed in the policy to be a re*af-
furance.

V. And be it further enadicd by the authority aforefaid. That xhc condi-
from and after the fiiid firft day of Auguft^ all and every fum tionsfbrlend-
and fums of money to be lent on bottom-ree, or at refpondentia,'ing fumt on
upon any (hip or (hips belonging to any of his Majefty's-fub- bottoi^rec,
je<5ls, bound to or from tho Eafi Indies^ (hall be lent only Oh the ^Sund loor
(hip, or on the merchandize or eflfedls laden, or to be laden on from the Baft
boand of ftich (hip, and (hall be fo expreflSsd in the condition of Indies. •
the bond ; and the benefit of falvage (hall be allowed to the

lender, his agents or aflfigns, who alone (ball have a right to
make a(rurance on the money (b lent ; and no borrower of mo-
ney on bottobi-ree. Or at refpOndentia, as aforefaid, (hall recover
more on any aflbraiKe than the value of his intereft on the (hip,
or in the merchandizes or effects laden on board of fuch (hip,
exclufive of the money fo borrowed ; and in cafe it (hall appear
that the vahie of his<(naic in the (hips or in the merchandizesor

effcas

512 Anno dccimo nono GkorgiI 11. C 57. [1746.

effedls laden on board, doth not amount to the full fum orfuin>
he hath borrowed as aforefaid, fuch borrower ihail be refpoD-
fible to the lender for fo much of the money borrowed, as he
hath not laid out on the (hip or merchandizes laden thereon,
with lawful ir.tcreft for the fame, together with the afluranw,
and all other charges thereon, in the proportion the money not
laid out (hall bear to the whole money lent, nocwith Aanding the
Ihip and merchandizes be totally loft.

VI. And he it further cnaded by the authority aforefaid.
In ^1! afVions That in all adlions or fuits brought or commenced after the
''l**"'*^^?!!***" '^'^^ ^^^^ ^^y ^^ ^ugtij}^ by the aflured, upon any policy of ai-
i5*davs what furance, the plaintiff m fuch adion or fuit, or his attorney or a-
fums he liath gcnt, Ihall within fifteen days after he or they (hail be required
aiTured. fo to do in writing, by the defendant, or his attorney or agent,

declare in writing what fum or fums he hath aiTured, or oxoiti
to be afTared in the whole, and what fums he hath borrowed at
refpondciitia or bottom-rce, for the voyage, or any part of the
voyage in queftion in fuch fuit or aflion.

VII. And whereas it is unreafonabU that anj perfon or fajm^
body or bodies corporate^ fubfcribing^ fialing^ or otberwife ixiadvn^
cny policy or p slides of Gjfurance^ Jbould he put to any cojJs^ chargtSj
or expences^ in any fuit or a^hn at law^ to be brought on fuch ^iq
or policies t in cafe fuch perfon or perfonsy body or bodies corporate^ u jr
are ready and willing to pay fuch damages and cojts^ as Jball and au^
be really and bona fide due thereon^ which at prefent they are Xuik
to J and often forced unjujlly to bear^ for that in many cafes uponfmk
policies^ no money can be brought into court : for remedy whereof
be it enacted by the authority aforefaid. That from andfiftff

Pcrfons fued ^'^^ '^^^ ^^ ^^X ^^ ^^iHfty *^ .^^^ ^^ "^^X bc lawful for any

on policici ot perfon or perfons, body or bodies corporate, fued in any.adico

alTiirance, to or a(^ions of debt, covenant, or any other adlion or adltons, on

brin^ the mo- g^y policy or policies of aflurance, to brin^ into court any C*»

court -^^ or fums of money ; and if any fuch plaintiff or plaintiffs ihaj

Plaintiff nof refufe to accept fuch fum or fums of money, fo brought into

accepting it, court as aforefaid, with colh to be taxed, in full diichar|(e jqT

and jury not fuch ac'Vion or aflions, and fliall afterwards proceed to tnal 'ifk-

^t^^z^u'^^^^ a6lion or anions, and the jury (hall not aflefs damagpstqi:

fuch plaintiff or plaintiffs, exceeding the fum or fums of moo^-

fo brought into court, fuch plaintiff or plaintiffs, in every" faca.

cafe and cafes, fliail pay to fuch defendant or defendanu, in

toptycofts. every fuch adion and adions, cofts to be taxed ^ any law, cy-

ftom, or ufage to the contrary notwithftanding.
limiuftioatx>f VIII. Provided always, and it is hercbv declared. That iWl.
this ad. aft (hall not extend to, or be in force aeainft any perfons refidinj

in any parts or places in Europcy out otbis Majeftv's dominions,
for whofe account any afTurar.cc or aifurances Ihall be made be-
fore the twenty ninth day o( September j in the year of our Lord
one thoufand feven hundred and forty fix ; nor extend to, or be
in force againft any perfons refiding in any parts or places in
Turkey^ or in AfMy Ajrica^ or America^ for whofe account any af-
furancc or affurances (hall be made before the twenty fifth day

ii

1 746.3 Anno decimo nono Gboroii II. c. 38* £

of Marchy m the year of our Lord one thoufand fevcn hundred
and forty feven; aiiy. thing herein contained to the contrary
thereof in any wife notwithftandjng.

CAP. XXXVIII.

An a£l more effeliually to prohibU and prevent pajiors or mi*
nijiers from officiating in epifcopal meeting-boufes in Scot-
land, without duly qualifying tbemfelves according to law ;
and to punijh perfons for reforting to any meeting-boufes
where fucb unqualified pafiors or minifters Jball officiate.

WHEREAS // is notoriouSythat for mam years lafipajly during th^
reign of his prefent majejly and of his late majejly King George
the Firjly a great number of mieting-houfs have been Jet up and main^
tained in the city of Edinburgh, and other parts of Scotland, bv
perfons prof effing to be of the epifcopal comtnunion^ whereof the pa^
Jiors or minijlers have never taken the oaths to his Majefiy^ or his
royal father y nor everdidy in exprefs wordsy during the exercife of di-
vine fervicey pray for his Majtfiy^ and the royal family \ by means
thereof thofe illegal meetings bave greatly contributed to fxcite and l^^ *^ ^
foment afpirit efdifaffe^im amongjl numbers of perfons in that part ' ^**
of the kingdom i againjl his Majefly s per f on and government ; which
hath been one of the caufes of the wicked and unnatural rebellion y late-
fy raifed and carried on againfl his Majefly ^ in favour of a popifhpre^
tender: and whereas the abufe of fo much lenity and forbearanccy as
has been hitherto fbewn under the gracious and mild government of his
Majefly ; and bis royal father ^ towards fucb nonjuring epifcopal mi-
niftersy makes it abfolutely neceffary^ that the laws injorce concerning
them be more pun^uolly executed^ and that fome further provifion be
madey to prevent the continuance offo great a mifchief\ be it there-
fore enacted by the King's moft excellent majefty, by and with
the advice ana confent of the lords fpiritual and temporal, and
commons, in this prefent parliament aflfembled, andl^y the au-
thority of the fame. That all and every the (herifFs of (hires, Sheriff*, &c
ftewards of fiewartries in Scotland^ and their deputies, and the to enquire
Magiftrates of royal boroughs, (hall, and they are hereby au- *^*^'^^"**™}
thorized and ftri(5tly required, with all convenient fpeed, on or mectingl
before the firft day of November^ in the year of our Lord one houfei.
thoufand feven hundred and forty (ix, to enquire, by examina-
tion of witnefTes upon oath, or other credible information, into
the number and (itaation of the epifcopal meeting- houfes with-
in their refpet^ive jurifdidtions, and (hall caufe lifts to be made Lifts to be
of the fame, and to be entered and inferted in a book which (hall ™*^**
be provided and kept for that purpofe, by the clerks belonging Copies to b<
to their jurifdiSions refpeflively, and (hall forthwith tranfmit tranfmitted
true copies thereof to the clerk of each houfe of parliament, to gach^ho'^f**!
be laid before the faid houfes refpedivcly at their next meeting, parliament^

II. And be it further enacted by the authority aforefaid.
That every perfon who now is paftor or minifter of any epifco-
pal congregation in Seotland^ (hall, gnd he is hereby required.

Vol. XVIIL L 1 on

514 Anno decimo nono Georgii IL c. 38. IMa^^ ^

Paft6rstopro-on or before the faid firft day of September^ in the year of oar
duccceriifi- Lord one thoufand fevcn hundred and forty fix, to produce to
^1^2 quaJi^ the clerk of the (hire, ftewartry, or borough where his meeting-
£^,^ ^ * houfe is iituated, a certificate from the proper officer, of lus
having qualified himfclf by taking the oaths to his Majefty ap-
points by law, of which certificate the clerk (hall forthwith
make an entry in the faid book appointed for keeping a lift or
regifter of the meeting-houfes within that jurifdiAion ; which
S^'fo'^ ^^^ ^^^^ ^^' exprefs the name of the minifter whom the certificate
^ ^^* concerns, and the fituation and defcription of the meeting-hooi'e
where he officiates as minifter or paftor ; copies of which entiks
Copies to be ^^^ likewife be tranfmitted by the faid clerk, to the clerk of
tranfmitted. each houfe of parliament, for the purpofe aforefaid ; and the
faid clerk of fuch (hire, ftewartry or borough, (hall likewife de-
p .. liver two attefted copies of fuch certificate to fuch paftor or mi-
affixcd on the ^^f^^U one of them to be by him fiixed on the outfide of the
meeting- meeting- houfe where he (hall officiate, on or near the door
houfe. thereof^ and the other in fome confpicuous place within iiich

meeting-houfe ; for each of which laft mentioned copies, the
fum of fix pence fterling (hall be paid, and no more.
NTniftcrs to ^^^* ^ ^^ *^ further enaded by the authority aforefiiid, ,
pray forthc '^^^^ ^^^^J Paftor or minifter who (nail, at any time after the ;
King, &c. by faid firft day of September^ officiate in any epiibopal meeting-boile L
name, as di- or congregation, (hall, as often as he (hall fo officiate, at fofie j
reaedmthc ^jj^^ during the exercife of divine fervice in fuch epifcopal
"^"'•gy* meeting-houfe or congregation, pray for the King's moftexcrl-

lent mojefty, his heirs or fucce(fors, by name, and for all the j
royal family, in the fame form of words as his Maj^fty^ his hdn I
or fucce(rors, and the royal family are or (hall be direded by I
lawful authority to be prayed for in the prayers for the royal t ;
mily, contained in the liturgy of the church of EngkmJ^
Paftors not iV. And be it further ena^ed. That the faid (heriffs^ ftewanis, [
cer^ficatw ^"^ ^^^*'" ^^P"^*^* ^"^ magi(bates of boroughs, (hall be oUigeJ, j
&c. their ' ^nd they are hereby ftriAly enjoined and required, imoMdiMe^f *
meeting. after the faid firft day of November^ forthwith to (hut up, or cantt
houfes to be to be fliut up, the doors of the meeting-hou(es, or other pfaccs »
fliut up. where fuch epifcopal aflemblies or meetings have been or (halt

be held, whereof the paftor or minifter (h^l not have producot
to their clerks refpe<flively the certificate of his having been qui'
lified as aforefaid, or wherein his Majefty, his heirs or fucoeflbn,
and the royal family (hall not be prayed for in exprefs wofds
in the manner before dire<Sted ; and (hall not again give acce^
^pnctor^ to the faid houfes, or other places of meeting, until the p^opn^
ic»l. (fcurity ^^^ tenant, or pofle(ror thereof (hall enaA tum(elf, with one or
before ad. more fufficient fureties, in the court books of the (aid flierif,
initted to ftcward, or royal borough, under the penalty of one hundred
acccfs, pounds fterling money, to be paid to tne faid judges or magi-

ftratcs, for the ufe of his Majefty, that he or (he (hall not per-
mit or fuffer fuch houfe or place to be employed or made ufe of
as an epifcopal meeting-houfe, by any paftor or minifter not
qualifying himfelf as aforefaid, and conrorming to the rcguU- ;

' Y746.] Anno decimo nono G£ORGii IL €.38. 515

tions before mentioned, at any time thereafter, during fuch timo
as he or (he (hall continue proprietor^ tenant^ ot poUefTor
thereof.

V. And be it further enacted, That if any perfon (hall, from

and after the faid firft day of September^ prelume to enter upon, quai?fi^d "ic.

pr exercife the fundlion of a paftor or minifter of any epifcopil officiating,^

meeting or congregation in Scotlandy without having nrft caufed ^

his letters of orders to be entered on record, or regiftered, or

without having firft qualified himfelf by taking and fubfcribing

the oaths, in fuch manner as all officers, civil and military, iii

Scotland are by law obliged to take and fubfcribe the fame, or

without having firft produced, and caufed to be entered, in the

manner herein before directed, in the books to be kept by the

clerk of the (herifF, fteward, or borough courts refpedlively

where fuch perfon propofes to officiate as a paftor or minifter^

his name and place of abode, and the place where his meeting

X is to be held, and the certificate of his having taken and fub-
fcribed the oaths as aforefaid ; or in cafe any perfon who (hall

;:; officiate as a paftor or minifter in any fuch epifcopal meeting*

houfe or congregation, (hall not, as often as he (hall fo officiate,

l^otitfome time during divine fervice, pray for his Majefty by

name, his heirs or fucceflfors, and all the royal family, in the

manner herein before directed ; every perlbn fo oftendine in any

. of the preoriflefy being thereof lawfiilly co'nvided be^re any

; two or more juflices of the peace, or before any other judge Penal^;

• competent of the place fummarily, (hall, for the firft offence,
fu£Fer impriibnment by the fpace of fix months ; and for the
fecond, or any fubfequent offence, being thereof lawfully con-

' vided before the court of jufticiary, or in any of the circviit
courts, (hall be adjudged to be tranfported, and (hall according-
ly be tranfported to fome of his Majefty's plantations in America
for life ; and in cafe any perfon adjuaged to be fo tranfported
ihall return into, or be found in Great Britain^ then every fuch

• perfon (hall fufter imprifonment for life.

VI. And for the better afcertaining what (hall be deemed an Defcription of
epifcopal meeting-houfe within the true intent and meaning of an e^iu;opal
this a6t, and to prevent evafions thereof, be it further enaded ?™^r!"**
and declared. That any meeting, aflembly, or congregation in "^^^^
Scotland^ where there (hall be five perfons or more aflenfibled or

met together to hear divine fervice, over and befides thofe of the
boufhold, if it be in any houfe where there is a family inhabit-
ing,or if it be in an houfe or place where thereis no family inhabit**
ing, then where any fuch five or more perfons (hall be fo aflem-
bleid and met together to hear divine fervice, and where divine
fervice (hall be performed by a paftor or minifter, being of, or
profeffing to be of the epifcopal communion, every fuch meet-
ing, afiembly, or congregation, (hall be deemed and taken to
be an epifcopal meeting-houfe within the true intent and mean*
ing of this aft. Sherifrf,&c.

VII. And be it further enabled by the authority aforefaid, to make en-
That the faid (heriffs and ftewards, and their deputies, andqi^iryofo^"
the ma^ftratcs of royal boroughs, (hall be obliged and are here- ^^uu &»-

51^

Informations
in cafes of
tranfportation
or imprifon-
mCDttorlifey

to be inti-
mated to the
King*t advo-
cate.

Perfonsre-
forting to un-
regiftcr'd
meeting-
houfesj &c.

and not giv-
ing infor-
mation.

Penalty.

Anno dedmo nono Georgii IL c. 38. [1746;

by (Iridlly enjoined and required hereafter, from time to tune,
to make diligent enquiry within then* refpedHve juriididUons,
concerning any offences that (hall be committed againft th'»
aft, or the other laws now in being concerning the paftors or
miniders officiating in any cpifcopal meeting-houfe in Scotkni\
and whenever they (hall find that any meeting-houfe, within
their jurifdiAion, hath been fet up or maintained without fuch
entry being made as aforefaid, or that the paftor or minifter of-
ficiating in any epifcopal mceting-houfe hath been guilty of ne-
gledling to pray, in exprefs words, for his Majefty, his heirs
or rucceiTors, by name, and all the royal family, in the manner
herein before dire6ted, they ar^ hereby authorized and required
to caufe fuch offences to be profecuted before them, and to (hot
up, or otherwife fupprefs fuch meeting-houfes, and to inilid
the penalties impofed by this or other afts agaiofl the minifters
or paftors officiating therein in fuch manner as is not allowed by
law : and in cafe any information (hall be given to the faid (he-
riffs, ftewards, or their deputies, or to the magiflratcs of roj-al
boroughs ; or if it (hall appear to any of them, upon fudi en-
quiry as aforefaid, that any offence has been committed againft
this aA, for which the penalty of tranfportation, or imprifan-
mcnt for life, is hereby inflietedj then fuch &»?, (icward,
his deputy, or other magiftrate, (hall caufe intimation to be
made thereof in writing, to his Majefty's advocate for Scotkad^
who is hereby required to profecute the faitie wrth effcA.

VIII. And be it further enaAed by the authority afore&id,
That if any perfon, at any time after the faid firft day of &^
timber J (hall refort to, or frequent any epifcopal meeting-hode
or congregation in Scotland^ whereof the paflor's or minifter's
letters of orders (hall not be entered on record, or regiftered as
aforefaid, or whereof a certificate of the paftor or minifter*!
having taken the oaths, and his name and place of abode, and
alfo the place where his meeting is to be held, fliall not be
entered according to the diredtions of this aA, or where the
naftor or minifter, (hall not pray, in exprefs words, for his
Majefty, his heirs or fucceflbrs, by name, and all the royal fa-
mily, in the manner before dire<3ed, every perfon fo oflfending,
who (hall not, within the fpace of five days, give information
of fuch illegal meeting to fome proper magiftrate, fuch peribn
fo offending, and being thereof lawfully convicted before any
two or more of his Majefty's jufticcs of the peace, or before any
other judge competent 01 the place fummarily, (hall, for ibe
firft offence, forfeit the fum of five pounds fterling money ; ose
moiety thereof to the ufe of his Majefty, his heirs or fucceibn,
and the other moiety to the ufe of (uch perfon who (hall ^ve in-
formation of the faid offence, and fuffer imprifonment by the
fpace of fix months, unlefs or until the famp be paid ; )uid for
the fecond, or any fubfequent offence, being thereof lawfully
conviAed before the court of jufticiary, or in any of the drctiit
courts, (hall fuffer imprifonment for the (pace of two years from
the date of fuch conviction.

1 746.] Anno dccimo nono Georgii If. C 38. 517

IX. And be it cna<5led by the authority aforefaid, That from Letters of or-
and after the faid firft day of September^ no letters of orders oi'^^SfJ^ ^* >/
any paftor or minifter of any epifcopal meeting; or congregation£ *|^^5 ^j.
in Scotland^ (hall be deemed fufiicient, or be admitted to be re- ireUnd.
giftered, but fuch as have been given by fome bifhop of the

church of England^ or of Ireland i and in cafe any letters of or- '^
ders, other than fuch as are before defcribed, (hall be regiftered,
fuch regiftration (hall be deemed null and void to all intents and
purpofes.

X. Provided always. That every profecution for any offence Profecutions
committed againft this aft, (hall be commenced within the **^ ^*^?'"". .
fpacc of twelve months after fuch offence committed, and not iJJ^"^^ ^^^1^,^
afterwards. *

XI. And whereas it is jujl and necejfary to provide^ that thofe
who give reafon tofufpe^ their being difaffeSied to his Majejl/s per^
Jin and government y and the prefent happy ejlablijhment^ by their fre^
quenting or reforting to fuch illegal meeting-hou/eSy where his Ma^
jejiy is not priced for in exprefs wordsy Jbould be retrained from the
power of hurting that ejlablijhment to which they jbewfuch difaffec^

tion ; be it therefore tbrther enadted by the authority aforefaid, P«^» P^^nt
That from and after the faid firft day of September^ no peer of |;j^;j[^|;*^"*
Scotland (hall be capable of being clefted one of the fixteen peers, houfcs.&c.
to fit and vote in the houfe of peers in the parliament oi Great Bri- difqbalified
tain^ or of voting in the eledlion of any of the faid fixteen peers, from voting,
who (hall have, at any time within one year prececding fuch «- eleaedf
ledtion, been twice prefent at divine fervice in any epifcopal meet-
ing or congregation in Scotland^ not held and allowed in purfuance g.
of an aft mack in the tenth year of the reign of Queen Anne in- '® ^*^"«<^ 7»
tiAiled, An a6l to prevent the diflurbing th^e of the epifcopal com'
fffunion^ in that part of Gic2t Britain, called Scotland, in the ex^
triife of their religious worjhip^ and in the ufe of the liturgy of tbi
r*«r^i& j/" England J and for repealing the a£l pajfed in the parlia-
ment ^Scotland, intituled^ A61 againft irregular baptifms and
mirri^igcs ; br which (hall not, after the faid firft day of Septem-
^^ be regi(^ered according to the dire<5tions of this adt; or
where -the- paftor or minifter ofliciating did not, in exprefs
words, pray for his Majefty, his heirs or fucce(rors, by name,
and for all the royal family ; and it (hall be competent for any
peer oi Scotland^ prefent at the eledtion of the faid fixteen peers, Pioof.
or of any of them, to make this objeSion, and to prove the fame
by a witnefs or witnefTes uppn oath, or by referring it to the
oath of the peer fo objeded to ; wjiich oath the lord clerk regi-
fter, or either of the two clerks of fefllon, appointed by him to , ,
officiate in his name at fuch ele<5tion of fixteen peers, or of any of ^f,^j,„ J^ y^^
them, is hereby impoweredto adminifter ; and in cafe the fame adininifterM.
fhall be proved, or the peer fo obje<5led to (hall admit the fa<ft,
or refufe to depo(e concerning it, he (hall be and is hereby dif-
qualified from, and rendered incapable of voting, or being cho- Admiffion not
len at any fuch election as aforefaid; but fuch admi(fion, or to be evidence
confelTion upon oath, or otherwife fo made at fuch meeting, upon profecu-
aficmblcd few amy fiich cle^ipn, (haU npt be made ufe of, or Jj^^>'' ^'

h 1 3 givca

Anno decimo nono Georgii II. C. 38. [i?^^.

given in evidence againft any fuch peer, upon any profecution
for any penalty Innified by this or any former aft of parlia-
ment.

XII. And be it further ena<aed by the authority afordaid,
That from and after the faid firft day of September^ no perfon
(hall be capable of being eledled, or of voting in any clc6tion of
a member of parliament for any (hire or borough, in that part
of Great Britain called Scotland^ or of being el«ftcd, or voting
in the election of a maglftrate or counfellor for boroughs, or of
a deacon of crafts within burgh, or of a collector or clerk of the
land tax or fupply, who (hall have at any time within one year
preceding fuch ele(5tion, been twice prefent at divine fervice, in
any epifcopal meeting or congregation in Scotlandy not held and
allowed in purfuance of the laid aft made in the tenth year of
the reign of^ Queen Anne^ or which (hall not, after the faid ficil
day ' of September y be regiftered according to the directions of
this a<5t, or where the paftor or mini(ter officiating did not, in
exprefs words, pray for his Majefty, his heirs or fuccefibrs, by
name, and for all the royal family ; and it (hall be competent
for any candidate or member of the meeting, aflembled for any
fuch election, to make this objeftion, and to prove the fame by
a witnefs or witnefTes upon oath, or by referring it to the oath
of the perfon objedled to, which oath thd prefes or clerk of foch
meeting is hereby impowered to adminifter ; and in cafe the
fame (hall be proved, or the perfon fo objected to (hall admit
the fadt) or refufe to depofe concerning it, he (hail be, and is
hereby dirqua]i(ied from, and rendered incapalde of vodngt ^
being chofen at any fuch election as aforediid ; but fuch admif-

Admiffzonnot fion» or confefTion upon oath, or otherwife fo made 7l fuch
to be evidence , ----- .-._- -.-

upon profecu
tton for penal
def.

51J

Pcrfont pre-
fent at unrc-
gifter'd
meeting-
hoafet, &c.
di(qualified
from yotingy
or being
clewed.

f o Ann. c. 7.

Proof,

Oath b7
%f bom to be
adminjfter'd

Cifil or mili-
tary officers
reforting to
Unre^iftcr^d
meetmg-
lioufes^ kc.

parliament.

XIII. And be it further ena6ted by the authority afcM^eiai^
That if any perfon or perfons, at any time after die faii, iA
day of September^ either peers or commoners, who have, or
(hall have any office or offices, civil or military, in that part of
Great Britain called Scotland^ (hall refort to, or frequent any •-
pifcopal meeting-houfe or congrention in Satland^ whereof the
pa(tor*s or minifter's letters of orders (hall not be*entered on it-
cord, or regidrate as aforefaid, or whereof a certificate of Ae
paftor or minider's having taken the oaths, and his name, ^r
place of abode, and alfo the place where his meeting is to be
held, (hall not to be entered according to the diredtions of this
a(5t, and where the paltor or minifter (hall not pray, in exprcis
words, for his Majefty, his heirs or fucce(rors, by name, and
all the royal family, in the manner before dire£ied, every per-
fon fo offending, being thereof lawfullyi convi<^ed before any
two or more of his Majefty's juftices of the peace, or before aay
other jud^e competent of the place, (hall be difabled (imn
thenceforth to hold fuch ofQcc or offices, apd (hall foriint die

1 746. J Anno decimo nono Georgii II. c. 39. 5

fame ; and (hall be adjudged incapable to bear any ofBce, civil Penalty. '
or military, in that part of Great Britain called Scotland^ for the
fpace of one year from and after the date of fuch convi<ftion.

XIV. And be it enadted by the authority aforefaid, That in
cafe any of the faid judges, or magiftrates, (hall be guilty of
any wimil negle(5t or omifTion of their duty in the premifles, Judget, &
they (hall forfeit the futh of fifty pounds fterling, toties quotiiS\ not doing
one moiety thereof to the informer, the other to be difpofcd of ^{j^*''^"')?
for the ufe of the poor of the parifh where the oflTender (hall be Pe^Jy.
refident for the time being, to be recovered by fummary com-
plaint before the court of fedion, or by profecution before the
court of jufticiary at Edinburgh^ or at the circuit courts of ju(ti*
ciary.

CAP. XXXIX.

At aSifor the more effeffual dif arming the highlands in Scot-
land J and for the more effeSluallyJecuring the peace of the
faid highlands ; and for refiraining the ufe of the highland
drefs ; and for further indemnifying fuch perfons as baive
aSted in defence of his Majefty's perfon and government^
during the unnatural rebellion 5 and for indemnifying the
judges and other officers of the court of jufticiary in Scot-
land,/i?r not performing the northern circuit in May, one
thoufand feven hundred and forty fie ; and for obliging the
majiers and teachers of private fcbools in Scotland, and
chaplainSj tutors and governors of children or youths to take

' the oaths to bis Majefiy^ bis heirs andfuccejforSj and to re-
gijier the fame.

WHEREAS byana^ made in the firji year of the reign -of ^ q^ ^
Ui late majefly King Geoige the Firjt^ of glorious memory^ see »i Geo!
intituled^ An a6t for the more eneAual fecuring the peace of the c. 34.
highlands in Scotland^ it was enaSied^ That from and after the firji
day ^November, which was in the year of our Lord one thoufand
feven hundred and fixteen^ it Jhmdd not be lawful for any terfon or
perfoHs (except fuch perfons as are therein mentioned and defcribed)
within the fhire of Dunbartain, on the north fide of the water of
Lcven, Stirling on the north fide of the river of Forth, Perth,
Kincardin, Aberdeen, Invernefs, Nairn, Cromarty, Argyle,
Forfar, BamfT, Sutherland, Caithnefs, Elgine, and Ro(s, to
have in his or their juflody^ ufe^ or bear^ broad [word or target^
poignard^ whinger^ or durkyjide piJioU i^n^ or other warlike wea-
pm^ otherwife than in the faid a£t was direSted^ under certain pe-
nalties appointed by the faid aH ; ivbich a£t having by experience been
found not fufficient to attain the ends therein propofedj was further
enforced by an aSf made in the eleventh year of the reign of his late
Majefly^ intituled^ An aft for the more effecftual difarming the uGecix.
highlands in that part of Great Britain called Scotland '^ and for
the better fecuring the peace and quiet of that part of the king-

LI4 doai:

j20 Anno decimo nono dBORGii 11. e» 39. [1746.

dom : and whereas the fa: J aSiofthe eUvenih ytar of his latt Ms-
jtfty tcifig^ fcfar as it related U the difarming the highlamds^ to an-
tinue in force only during the term ofjevenytars^ and from tkeneet^
the end eft tc next fcjfion oftarliament^ is now expired : end wbereas
many per f::is within the faid bounds andJbiresJHIl continue psffij^ed §f
great quautities cf arms^ and thire^ with a great number ofpiihper-
fonSy have lately raifed end carried on a mofi (mdacious and witkei
rehtlli:n ngainfi his Majejiy^ in favour of a popifly pretender^ aniia
profccuilm thereof didy tn a traiterous and hoftile manner ^ march in-
to the fjuthern parts of this kingdom^ took pojfeffion of fever al towrn,
raifed contributions upon the countrfy and committed many other Of-
order Sy to the terror and great lofs of his Maje ftf s faithful fubieitSy
' unfile by the blejfwg of God on his Majeflfs arms^ they werefiA"
due J: now, for preventing rebellion, and traiterous attempts in
time to come, and. the other mifchiefs arifing from the potrd-
fibn or ufe of arms, by lawlefs, wicked, and cUfaffe^led pcrfoaa
inhabiting within the faid feveral (hirps and bounds ; be it en-
abled by the King's mod excelleat majefty, by ami with the
advice and confent of the lords fpiritual and temporal, and com-
mons, in this prefent parliament ailcmbled, and bv the autho-
rity of the fame, That from and after the firftday cA At^ufl^ one
. J. ^^^^ thoufand feven hundred and forty fix, it (hall be lawful for the
nantsZ&c/to refpcftive lords lieutenants of the feveral (hires above recited,
ifliie fum-' 2ind for fuch other nerfon or perfons as his Majefty, bis heirs
inoufi, pr fucceflbrs (hall, by his or their (ign manuaU from time to

time, think fit to authorize arid appoint in that behalf, to iffix,
or caufe to be ifTued out, letters of fummons in his Majeftys
name, pnd under bis or tiieir refpeAive hands and feals, diitdled
to fuch perfonsi within the faid feveral (hires and bounds, as he
or they, from time to time, (hall think (it, thereby command-
ing ar.d requiring all and every perfon and perfons thereia
named, or inhabiting within the particular limits therein dr-
for delivering fcribed, to bring in and dehvcr up, at a certain day, in fuch
wp of arms, futnmons to be prefixed, and at a certain place therein to be
mentioned, all and (ingular his and their arms and wariike.
weapons, unto fuch lord lieutenant, or other perfon or perfoirs
appointed by his Majefty, his heirs, or fucceflbrs, in tb^ be-
half, as aforefaid, for the ufe of his Majefty, his heirs or iipo-
ceffors, and to be difpofed of in fuch manner as his Majefty, his
heirs or fucce.Tors (hail appoint ; and if any perfon or pet fooS|
in fuch fummons mentioned by name, or inhabiting within thr
limits therein defcribed, (hall, by the oaths of one or morecre-
diblc witncfs or witnefTes, be convidied of having or beanog
any arms, or warlike weapons, after the day prefixed in fuch
fummons, before any one or more of his Majefty 'sjuftices of the
peace for the (hire or (lewartry where fuch oflfender or ofTendcrs
(hall refide, or be apprehended, or before the judge ordinary y,or
Penalty. itich other perfon or perfons as his Majefty, his heirs or fuccef-

ibrs (liall appoint, in manner herein after diredled, ever)' fuch
On non-pay- perfon or perfons fo convided, (hall forfeit the fum of fifteen
lueiit, pounds fterling, and (hall be committed tQ prifon until payment

6 d

i74^.]- Anno decimo nono Georoii II. C.jgl 521

of the laid fum ; and if any perfon or perfons, conviAed as a-
forefaid, (hall refufe or negled to make payment of the forefaid
fum of fifteen pounds fterling, within the fpace of one calendar
month from the date of fuch omviftion, it (hall and may be
lawful to any one or more of his Majefty's juftices of the peace,
or to the judge ordinary of the place where fuch offender or of-
fenders is or are impriloned, in cafe he or they (hall judge fuch
offender or offenders fit to ferve his Maiefty as a foldier
or foldiers, to caufe him or them to be delivered over (as
they are hereby impowered and required to do) to fuch officer or
. officers belonging to the forces of his Majefty, his heirs or fuc-^^ «erfoiis.if
ceflbrs, who (hall be appointed from time to Ume to receive fuch £^ tol^^as
men, to ferve as foldiers in any of his Majefty's forces in jtme- tMitn in
rica\ for which purpofe the refpeAive officers, who (hall receive America,
fuch men, (hall then caufe the articles of war againft mutiny ;. • 1 ^
and defertion to be read to him or them in the preience of fucn ^J^^ob^
juftices of the peace, or judge ordinary, who (hall fo deliver over read to them }
fuch men, who (hall caufe an entry or memorial thereof to be
made, together with the names of tne perfons fo delivered over»
with a certificate' thereof in writing, under his or their hands, to
be delivered to the officers appointed to receive fuch men ; and
from and after reading of tlve faid articles of war, every perfon
fo delivered over to fuch officer, to ferve as a foldier as aforefaid,
(hall be deemed a liffed foldier to all intents and puipofes, and
(hall be fufcgeA to the difcipline of war ; and in cafe of defertion^
(hall be punifhed as a deferter ; and in cafe fuch offender or of-
fenders (hall not be iudged fit to ferve his Majefty as aforefaid,
then he or they (hall be imprifoned for the fpace of fix caletidar if unfit to be
months, and alfo until he or they (hall give fufficient fecurity imprifoned
for his or their good behaviour for the fpace of two years from for 6 months,
the giving thereof. ""^ ^^ ^^^

II. And be it further ena£ted by the authority aforefaid, ..

That all perfons fummoned to deliver up their arms as afore- ^^*|JJmi,
faid, who fhall, from and after the time m fuch fummons pre-
fixed, hide or conceal any arms, or other warlike weapons, in
any dwelling-houfe, bam, out-houfe^ office, or any other
houfe, or in the fields, or any other place wbatfoever, and aH
peribns who (hall be acceffary or privy to the hiding or conceal-
ing of fuch arms, and (hall be thereof convidted by the oaths of
one or more credible witnefs.or wiineffes, before any one or
more of his'Majefty's juftices of the peace, Jud^e ordinary, or
other perfon or peffons authorized 1^ his- Majefty in manner
above mentioned, (hall be liable to be fined by the faid juftices
of the peace, judge ordinary, or other perfon authorized by his
Majefty, before whom he or they (hall be convi(5led, according Penalty,
to their difcretion, in any fum not exceeding one hundred
pounds fteriing, nor under the fum of fifteen pounds fterling, On non.pay-
of lawful money of Great Britainj and fliall be committed to S^'ifJ^^o'
prifon until payment ; and if the perfon fo conviAed, being a ^erve at kH-
man, (hall refufe or neeleA to pay the fine fo impofed, within dien in Ame«
the fpace of one calendar month firom die date ot the faid con- rica i

vi<5lion.

penalty on
women.

Arms hidden
in any houfe,
&e. the te-
nant to be
deemed the
concealer^ Sec,

522 Anno decimo nonoGEORGii IL C. 39. [<746'

vIAion, he (hall, in cafe he be judged by any one or more juftice

or juftices of the peace, or the judge oixlinary of the place where

fuch offender is imprifoned, fit to ferve his Majefty as a foldier,

be delivered over to ferve as a foldier in his Majefty's forces in

if not fit, to America^ in the manner before direded, with refpe<^ to perfons

be imprifoned convicted of leaving or bearing of arms ; and in cafe fuch of-

for 6 monthty fender (hail not be judged fit to ferve his Majefty as aforefaid,

then he (hall be imprifoned for the fpace of fix calendar months,^

and find bail, and alfo until he (hall given fufficient fecurity for his good beha-

viour, for the fpace ottwo years from the giving thereof ^ and

if the perfon convidled (hall be a woman, (he (haJly over and a-

bove the forefaid fine, and imprifonment till payment, fufficr

imprifonment for the fpace of fix calendar months, within tho

Tolbeetb of the head burgh of the (hire or ftewartry within wbidi

ihe is convidted.

III. And be it further ena<Sled by the authority aforefaid.
That if, after the day appointed by any fummons for the de-
livering up of arms in purfuance of this aA, any arms, or war-i
like weapons, fhj^l be found hidden or conceald in any dwell-
ing-houfe, barn, out-houfe, office, or any other houle what-
foever, being the refidence or habitation ot or belonging to any
of the perfons fummoned to deliver up arms as aforefaid, the
tenant or pofTefTor of fuch dwelling-houfe, or of the dwelling-
houfe to which fuch barn, office, or out-houfe belongs, being
thereof convidted in manner above-mentioned, (hall be deemed
and taken to be the haver and concealer of fuch arms, and being
thereof convicted in manner above-mentioned, (hall fuffer the
penalties hereby above enadted againft concealers of arms, un-
lefs fuch tenant or poflefTor, in whofe houfe, bam,«out-houfe,
office, or other houfe by them pof&fled, fuch arms (hall be found
concealed, do give evidence, by his or her making oath, or o-
therwife to the fatisfadlion of the faid juflices of the peace, judg^
ordinary, or other perfon authorized by his Majefty, before
whom he or (he (hall be tried, that fuch arms were (b conceal-
ed and hid without his or her knowledge, privity, or coor
nivance.

IV. And be it further enaded by the authority aforefaid,
That if any perfon who (hall have b<^n conviAed of any of the
above offences, of bearing, hiding, or concealing arms, con-
trary to the provifions in this adt, (hall thereafter prefume to
commit ti>e like offence a fecond time, that he or (lie hdnf
thereof convidled before any court of jufticiary, or at the circuit
courts, (hall be liable to be tranfported to any of his Maje(iy's
plantations beyond the feas, there to remain for the fpace of
("even years.

V. And for the more effedtual execution of this prefent afl,
be it further enad^ed by the authority aforefaid. That it (hall be
Uwful to his Mdjefly, his heirs or fucce(rors, by his or their
fign manual, from time to time, to authorize andf appoint fuch
perfons as he or they (hall think proper, to execute all the powers
and authorities by this 9dl giv^n to Qnepr more juftic^ orju^iccs

of

Second of-
fence tranf.
portation.

Officers to be
appointed by
bla Ma jetty.

1 746.] Anno decimo nono Georgii II. C. 29* 5^3

of the peace, or to the judge ordinary, within their rcfpcflivc
jurifdiftions, as to the apprehending, trying, and convidling
fuch perfon or perfons who (hall be fummoned to deliver up
their arms, in purfuancc of this aft.

VI. And to the end that every perfon or perfons, nanicd or
concerned in fuch fummons, may have due notice thereof,
and to prevent all queftions concerning the legality of fuch no- what (hall be
tice, it is hereby further ena<fted by the authority aforefaid, deemed a fuf-
That fuch fummons, notwiihftanding the generality thereof, be ficicnt Aim-
deemed fufficient, if it exprefs the perfon or perfons that arc "^^•^
commanded to deliver up their weapons, or the pafifties, or
the lands, limits, and boundings of the refpedlive territories
and places, whereof the inhabitants are to be difarmed as afore-
faid ; and that it (hall be a fufficient and legal execution or no-
tice of the faid fummons, if it is affixed on the door of the
parifh church or pari(h churches of the feveral parifhes within
which the lands (the inhabitants whereof are to be difarmed)
dq lie, on any Sunday^ between the hours of ten in the fore- ^?^ ^^S^ "®'
nbon, and two in the afternoon, four days at Icaft before the day ^^^*
prefixed for the delivering up of the arms, and on the market
cfbfs of the head burgh of the (hire or ftewartry, within which
the (aid lands lie, eignt days before the day appointed for the
faid delivery of the arms ; and in cafe the perfon or perfons cpi-
ployed to affix the faid fummons on the doors of the feveral
P^ri{h churches, or any of them, (hall be interrupted, pre-
vented, or forcibly hindered from affixing the faid fummons on
the doors of the faid churches, or any of them, upon oath
thereof made before any of his Majcfty's juftices of the peace,
the fummons affixed on the market crofs of the faid head burgh
of the (hire or ftewartry as aforefaid, (hall be deemed and taken
to be a fufficient notice to all the perfons commanded thereby to
deliver up their arms, within the true intent and meaning, and
foi* the purpofes of this aft.

Vn. And to the end that there may be fufficient evidence of
the execution, or notice eiven of the fummons for difarming
the feveral perfons and diftri£ls, as aforefaid, be it further en-
a^ed by the authority aforefaid. That upon the elapfing of the Evidence of
faid feveral days to be prefixed for the delivering up arms, the notice given
perfon or perfons employed to fix the fummons, as above men- ^oiw to bj^
tioned, on the market crofs of the head burghs of any (hire or made on
ftewartry, fhall, before anyone of his Majefty's juftices of the oath,
peace for the faid (hire or ftewartry, make oath, that he or they
did truly execute and give notice of the fame, by affixing it as
aforefaid ; and the perfon or perfons employed to affix the faid
fummons on the doors of the parifh church or parifh church-
es, fliall make oath iq the fame manner, and to the fame cfFeft,
or otherwife fliall fwear that he or they were interrupted, pre-
vented, or forcibly hindered from affixing the faid fummons as
aforefaid j which oaths, together with copies or duplicates of the
fummons, to which they feverally relate, (hall be delivered to Oath, with
fh^ Ihcriff or ftcward clerk pf the feveral (hires or ftewaitrics, J^^Jj^^fJ*

within

514 Anno decimo nono Georgii II. c. 392 [1746.

mons, to be y/ithin which the perfons intended to be difarmed do live or rc-

O^^'mcriff^&c ^*^^' ^^° ^*" ^^^^^ ^^^^ ^^^^ ^ books, which he and they is
* ^" ' ^' and are hereby required to keep for that purpofe; and the laid
books in which the entries are fo made, or extra^^s out of the
lame, under the hand of the (herifF or fteward clerk, (hall be
deemed and taken to be full and complete evidence of the exe-
cution of the fummons, in order to the convidlion of the per*
fons who (hall negled or rcfufe to comply with the fame.
Sheriff; not VIII. And be it further enaded by the authority aforefaid,

making entry. That if any fuch (herifF or (Icward clerk negle(5l or refuJe to
^■*-_ make fuch entry as is above mentioned, or (hall refufe to cxhi-

":'" bit the books containing fuch entries, or to give extrafts of the

fame, being thereto required by any perfon or perfons who (haU
carry on any profecutions in purfuance of this a<5t, the clerk fo
Penalty. neglecting or refufmg (hall forfeit his office, and fliall likewifebe
fined in the fum of fifty pounds Aerling ; to be recovered upon
a fummary complaint before the court of fi'fiion, for the ufeof
bis Majeily, his heirs or fuccefTqrs.

IX. And be it further enaded by the authority aforefaid,

9M te!*to ^^^^ ^^ ^^^" ^"^ ^^y ^® '*^^''' *^ ^"^ ^'^^ *^® '®^^ lieutenant of
appoint per- ^X ^^ ^^^ (hires aforefaid, or the perfon or perfons authorized
loDfttofuni. by his Majefty, his heir) or fucceiTors, as aforefaid, to fum-
mon, mon the perfon or perfons aforefaid to deliver up his or their

JroiS) in manner above mentioned, or to and for any one ju*
ice of the peace of the refpedtive (hires above mentioned, or to
the Judge ordinary within their refpedlive jurifdidtions, or to fuch
perfon or perfons as (hall be authorized by his Majefty, his heirs
or fuccefTors, for trying oflFences againft this adt, to authorize and
appoint fuch peribn or perfons as they (hall think fit to appre-
, hend all fuch perfon or perfons as may be found within the li-

and apore- mits aforefaid, having or wearing any arms, or warlike we^Lpoos,
f *"h * &all ^^^^^'T ^° '^^' ^^ forthwith to carry him or them to fonie
bTfpund with '^^^ pnfon, in order to their being proceeded againft according
anxif. to law.

X. And be it further enaAed by the authority aforefaid,
That it (hall and may be lawful to and for his Majefty, his
heirs and fueceflbrs, by warrant ui^der his or their royal fign
manual, and alfo to and for the lord lieutenant of any of £e
(hires aforcifaid, or the perfon or perfons authorized by his Ma-
je(^y to fummon the perfon or perfons aforefaid to deliver op
their arms, or any one or more ju(\ices of the peace, by war-
rant under his or their hands, to authorize and appoint any

b*"^^ad"™?^ perfon or perfons to enter into any houfe or houfes, within the
anm by day 1^"^'^* aforefaid, either by day or by night, and there to fearch
or night for, and to feize all fuch arms as (nail be found contrary to the

direAion of this z6k.

in prefcnceof ^'* P*^^'^^» That if the above-mentioned fearch (haH be

a conihbie, made in the night-time, th^ is to fay, between fun fetting and

^.c. ' fun rifing, it (hall be made in the prefence of a conftable, t)r of

fome perfon particularly to be named for that purpofe in the

warrant for fuch fesirch ^ and if any perlbns, to the number of

five

1746.] Annodecimo nono Georgii II. C. 39. 525

five or more, (hall at any time aflemble together to obftruft the In cafe of oi>.
execution of any part ot this adt, it fhall and may be lawful to P^^^'"*"*
and for every lord lieutenant, deputy lieu\enanr, or juftice of
the peace where fuch aflembly (hall be, and alio to and for
every peace officer witliin any fuch (hire, ftewartry, city,
burgh, or place where fuch aiflicmbly (hall be, and likewife to
and for all and everjr fuch other ^rfon or perions, as by his
Majefty, his heirs or fucceflbrs, (hall be authorized and ap-
pointed in that behalf as aforefaid, to require the aid and aflUl-
ancc of the forces of his Majefty, his heirs or fucce(lbrs, by ap-
plying to the officer commanding the faid forces (who i9 hereby the aid of ih*
authorized, inipowered, and commanded to give fuch aid and ^^^* !|S**
affiftance accordingly) to fupprefsYuch unlawful afTembly, Jq ^<> *>« c»^*^-
order to the putting this ac^ in due execution ; and alfo to feize,
apprehend, and diSrm, and they are hereby required tofeize, ^..

apprehend and difarm fuch pcrfons fo a(ren)bled together, and
forthwith to carry the perfons fo apprehended before one or
more of his Majerty's juftices of the peace of the (hire or place ,
where fuch pcrfons (hall be fo apprehended, in order to thtir
being proceeded againft, for fuch their offences, according ^^ ^^^ '^ '

law ; and if the pcrfons fo unlawfully a(lembled, or any of them, b^on^^f
or any other perfon or perfons fummoned to deliver up his or fore a<iuitic«i •
their arms in purfu^nce of this a<5t, (hall happen to be killed)
maimed, or wounded in the difperfing, fcizing, and appre-.
bending, or m the endeavouring to difperfc, feize, or appre-
hend, by reafon of their rcfifting the y>erfons endeavouring to
difpcrfe, feize, and apprehend them ; then all and every mch
lord lieutenant, deputy lieutenant, juftice or juftices of the
peace, or any peace officer or officers, and all and every perfon
or perfons, authorized and appointed by his Majefty his h^irs
or fuccefTors, in that behalf, as aforefaid, and all perfons aiding •
and affifting to him, them, or any of them, ftiall be freed, dif-
charged, and indemnified, as well againft the King's majefty,
his heirs and fucceJTors, as againft all and every other perfon Indemnlfica-
and perfons, of, for, or concerning the killing, maiming, or ^"^"^^J^J^^i
woundmg any fuch perfon or pcrfons fo unlawfully a(rembkfl, rdi(Ung.
that (hall be fo killed, maimed, or wounded as aforefaid.

Xli And be it further enacfted bv the authority aforefaid, u^^^^ant to
That if any a<Stion civil or criminal, (hall be brought before any be allowed
court whatfoever, againft any perfon or perfons for what he or the indcmni-
they ftiall lawfully do in pur(uance or execution of this a<ft, fuch *y» *"** ^'*
court ftiall allow the defendant the benefit of the difcharge and **P^*^"'
indemnity above provided, and (hall further d&ern the purfuer
to pay to the defender the full and real expences that he ihall be
put to by fuch adtion or profecution.

XIII. Provided ncverthclefs, and be it cnafted by the autho- Pcrfons cx-
rity aforefaid. That no peers of this realm, nor their fons, nor «"*P^cd from
any members of parliament, nor any perfon or pcrfons, who, ^5*'^""^ '^P
by the aft above recited of the fir(t year of his late Majefty^' ^^ "***
were allowed to have or carry amis, (hall by virtue of this aft
be liable to be fummoned to deliver up their arms, or warlike

weapons |

5i6 Anno decimo nono Georgii II. C« 39; r^4&

weapons ; nor (hall this a A, or the above recited aA, be cwh
ftrued to extend to exclude or hinder any perfon, whom hit
MajeftV) his heirs or fucceflbrs, by licence under his or thdr
iign manual, ihall permit to wear arms, or who (hall be li-
cenfed to wear arms by any writing or writings under the hand
and feal, or hands and feals of any perfon or perfons authorized
by his Majefty, his heirs or fuccelTors, to give Aich licence,
from keeping, bearing, or wearing fuch arms, and warlike
weapons as in fuch licence or licences fliall for tliat purpofe he
particularly fpeciiied.

XIV. And to the end that no perfons may be difcomaged
.from delivering up their arms, from the apprehenfion of the
penalties and forfeitures which they may have incurred, through
their negie^ng to complv with the diredions of the faid act of
Geo c i. ^^^^ ^^^ year of bis late Majefty's reign, be it further enaAed by
iucoh?,c.54. ^^^ authority aforefaid. That from and after the time of affijc-
None to be '"8 ^^V ^^ fummons as aforefaid, no perfon or perfons rcfid-
I'ued tor bav- ing within the bounds therein mentioned, (hall be fued or pr^
ing had arms fccuted for his or their having, or having had, bearing, or
before the having borne arms at any time before the feveral days to be pre-
fbr diuTcr^e ^^^ ^^ limited by fummons as aforefaid, for the refpedlive per-
tbem^up. ^o^s ^^^ dillri^s ttx deliver up their arms ; but if any perfon er
perfons (hall refiife'of- jiegledl to deliver up their arms in obe-
Penaltjronnot dience to fuch fummons as aforefaid, or (hall afterwards be
delivering up found in arms, he and they (hall be liable to the penalties and
*""•• forfeitures of the ftatute above recited, as well as to the penal-

ties of this prcfent a(5t.
.- - . - , XV, And be it further enaSed by the authority aforefaid,
forStoreL That one moiety of the penalties impofed by this aa, withitf-
pedl to which no other provifion is made, (hall be to the infor-
mer or ir\formers ; and the other moiety (hall be at the difpoCkl
of the julticcs of the peace, judge ordinary, or other perfon n-
thorized by his lVIajc(ly as aforefaid, before whom fuch convic-
tion (liall happen, provided the fame be applied towards the
expence incurred in the execution of thisadt.
Continuance. ^^^' ^^^^ ^ ^^ further ena^eci by the authority afor^find,
Continued and That the above provifions in this z& (hall continue in force for
amended x6 fevcn years, and from thence to the end of the next feflion of
Geo. a. c. 29. parliament, and no longer,

XVII. And be it further enaded by the authority afbrefaid,
L I, That from and after the firft day of Augujly one thoufand fei'en

army to wear '^"'^^''^^ ^"^ ^^^^y '^v^"' "^ "**" ^^ *^y» ^i*in that part of
the highland Great Britain called Scotland^ other than fuch as (hall be em-
^lothet, ployed as officers and foldters in his Majefty*s forces, Ihall, mi

any pretence vvhatfoevcr, wear or put on the clothes common-
ly called Highland Clothes (that is to fay) the plaid, philebeg, or
little kilt, trowfe, (houlder belts, or any part whatfoever of what
peculiarly belongs to the highland garb ; and that no tartan, or
party-coloured plaid or ftuff (hall l^ufed for great coats, or for
upper coats ; and if any fuch perfon (hall prefume, after the
Geo % c I ^ ^^ ^^^ ^^ ^HHJ^^ to wear or put on the aforefaid garments

1746.] Anno decimo nono Georgii 11. c. 39. ^>j

or anv part of them, every fuch perfon fo olBfending, being con-
vided thereof by the oath of one or more credible witnefs or
vritaefles before any court of jufticiary, or any one or more juf-
tices of the peace for the (hire or ftewartry, or judge ordinary

a court of judiciary, or at the circuits, (hall be liable to be tranf-
ported to any of his M ajeftv's plantations beyond the Teas, there
to remain for the fpace of (even years,

XVIIL And whereas by an a£f made in thisfejjion ofparliamentt 19 Geo. a.
intituled^ An a<5t to indemnify fuch perfons as have adted in de- c> ^^*
fence of his Majefty's perfon and government, and for the pre-
fervation of the publick peace of this kingdom,- during the time
of the prefent unnatural rebellion, and IheriSs and others who
have fuifered efcapes, occafioned thereby, from vexatious fuits
and profecutions, it isena^ed^ That all perfonal anions artd/uits^ i«-
Ji^mentSy informations^ and all moleftations^ profecutions^ andproceed^
ings whatfoevery and judgements thereupon^ if any be^ for or byrea-
fon of any matter or thing advifedy commanded^ appointed^ or done
during the rebellion^ until the thirtieth day of April, in the year of
our lord one thoufand feven hundred and forty fix j in order tojupprys ^ V

the faid unnatural rebellion^ or for the prefervation of the publici
peaeey or for thefervice or fafety of the government ^ JbaJl be difcharg^
id and made void : and whereas tt is alfo reaf enable ^ that a^Sy done
for the publick fervice^ fence the faid thirtieth day of April, though
not jujlifeable by the feri^i forms of law, Jbould be jufeified by aff of
parliament \ bie it enaAed by the authority aforefaid. That all
perfonal a<5tions and fuits, indidtments and mformations, which ^' ^^'•"•»
have been or (hall be commenced or profecuted, and all j^„'^*^®J|J^
inoleftations, profecutions, and proceedings whatfoever, and fervice of the
judgements thereupon, if any be, for or by reafon.of any a<ft, govcmjiicnt,
matter, or thingadvifcd, commanded, appointed, or done be-^^^c^o*^»^c.
-fore the twenty fifth day of July in the year of our Lord one
thoufand feven hundred and forty fix, in order to fupprefs the
faid unnatural rebellion, or for the prefervation of the publick
5)eace, or for the fafety or fervice of the government, (hall be
difcharged and made void ; and that every perfon, by whom
any fuch a6l> matter, or thing (hall have been foadvifed, com-
manded, appointed, or done for the purpofes aforefaid, or any
of them, before the faid five and twentieth day of July^ (hall
. be freed, acquitted, and indemnified, as well againft the King's
majefty, his heirs and fuccefibrs, as againft all and every other
perfon and perfpns ; and that if aiiy action or fuit hath been or
jball be commenced or profecuted, within that part of Great
. Britain 'y called England^ againft any perfon for any fuch aA, England.
matter, or thing fo advifed, commanded, appointed, or done
for the purpofes aforefaid, or any of them, before the faid twen-
ty fifth day of July^ he or (he may plead the general {(Tuc, and q^«««i \(c»%
give this aft and the fpecial matter in evidence : and if the plain- ^^*9«™
tiff or plaintiffs (hall become nonfuit, or forbear further profe-

cutioDi '

528 Anno decimo nono Qeorgii II. C.39. [ly^g,

cution, or fufFcr difconf inuance ; or if a vendiA pafs againft fiich
plaintiff or plaintiffs, the defendant or defendants (hall recover
Doable coftt. his, her, or their double cx)fts, for which, he, (hc> or the?
(hall have the like remedy, as in cafes where cofts by hw are
given to defendants; and if fuch adion or fuit hath bccd or ftall
he commenced or profecuted in that part of Great Britain^ called
Scotland. Scotland^ the court, before whom fuch aAion or fuit hath beta
or (hall be commenced or profecuted, (hall allow to the dcfco-
derthe benefit of the difchargc and indemnity above provided,
and (hall further decern the purfuer to pay to the defender the
Pun coftf . full and ^^^1 expences that he or (he (hall be put to by fuch ac-
tion or fuit.
< Ann. c. 6. ^^^' ^^ wbireas by an aSf faffed in thefixtb year of bcr lait
Majejiy ^een Anne, intituled^ An acft for rendering ihc uniofl
of the two kingdoms more entire and complete ; it is^ amongft
other things J ena^edy That circuit courts fiall be hotden in that pari
of the united kingdom called Scotland: in manner ^ and at the places
mentioned in the laid a£i : and whereas by the late unnntmral rebd^
lion J the courfeofjufticein Scotland has heenfo interraptcd^ as ren-
dered it impra^icable to give up and tranfmit prefentmcnts^ injkdi
due time as profeeutions might thereupon commence^ before the nor*
thern circuity to be holden in May this prefent ^ear^ whereby there
appeared a necejjity of fuperfeding thejaid circuit ; be it therefbie
. . enadted by the authority aforefaid, 1 hat the judges of the court

den^^ for of j"ft*^>*^» ^^^ ^1' *™* ^^ o*^^ perfon and perfons therein
not peiionn- concerned, are hereby indemnified for their not performing the
ing the drcuit faid cu-ciiit, as by the forecited z& they were obliged to do; any
courts. thing in the fame acSt, or in any other law or ftatute to the con-

trary notwithdanding.

XX. And whereas a doubt bath arifen with refpeS to theJUre of

Dunbartain, wbat^art thereof was intended to be difarmedbyAt

firfi recited a^ made in thefirji year §f bis late Afajefty King George,

and intended to be carried into further execution by the prefent a&\

Parts of Dun. be h enaAed by the authority aforefaid. That fuch parts of the

bartain to be fejd (hire of Dunbartain^ as lie upon the eaft, weft, and north

difarmed. jjj^^ ^f Lochlomondy to the northward of that point where the

water of Leven runs fi-om Lochlomcndy are and were intended to

be difarmed by the aforefaid aft, and are comprehended and

fubjeA to the directions of this a(^.

XXI. And whereas it i» of great importance to prevent the rifing
generation being educated in di/affe^ed or rebellious principleSy and
although fufficieru provifton is already made by law for the due re^uk-
ticn of the teachers in the four univerfitieSy and in the pnbiickfihooh
authorized by law in the rcyal burghs and country parijbes in Scotland,
it is further neceffary^ that all perfons who take upon them togffkimt
as majlers or teachers in private JihoolSy in that part of Great Bri-
tain nslled Scotland, Jhould give evidence of their good afftStisn to
hii Mdjejlfs perfon and government ; be it therefore enacted by
the authority aforefaid, That from and after the firft day of M-
vembcvy in the year of our Lord one thoufand feven liundred and
forty fix, it (hall not be lawful for any perfon in Scotland tokscf

174S.J Anno decimo nono Georgii 11. c. 39. 529

a private fchool for teaching Englijb^ Latiny Greei^ or any part

or literature, or to officiate as a mafteror teacher in fuch fchool

or any fchool for literature, other than thofe in the univerfities,

or eftablifhed in the refpedively royal burghs, by piiblick au-

thori^, or the parochial fchools fettled according to law, or the

fchools maintained by the fociety in Scotland for propagating^

chriftian knowledge, or by the general affcmblies ot the church'si^ya^j^n ^

of Scotland^ or committees thereof, upon the bounty granted by of private

his Majefty, until the fituation and defcription of fuch private A:bools to be

fchool be firft entered and regiftercd in a book, which mall be rcgiftercd {

provided and kept for that purpofe by the clerks of the feveral fi^tc*o?^e

(hires, ftewartries, and burghs in Scotlandy together with a cer- mafter having

tjficate from the proper officer, of every fuch mafter and teacher qualified.

having qualified himfdf, by taking the oaths appointed by law

to be taken by perfons in offices of publick truft in Scotland \ and

every fuch matter and teacher of a private fchool (hall be oblige

ed, and is hereby required, as often as prayers (hall be faid in^ m ' ftr

fuch fchool, to pray, or caufe to be prayed tor, in exprefs words &" to*bc

his Majefty, his heirs and fucce(rors, by name, and for all the prayed tx by

royal family ; and if any perfon (hall, from and after the faid name.

fim day of November ^ prefume to enter upon, or exercife the

fundion or office of a mafter or teacher of any fuch private

fchool as (hall not have been regiftered in manner herein dired-

ed, or without having fird qualified himfelf, and caufed the

certificate to be regiftered as above mentioned ; or in cafe he

ihall neglect to pray for his Majefty by name, and all the royal

family, or to caufe them to be prayed for as herein »direA-

ed s or in cafe he (hall rcfort to, or attend divine wor(hip in Maftersnotto

any epifcopal meeting-houfe not allowed by the law ; every ^^^^ ""'^*

perfon fo offending in any of the^premifles, being thereof lawful- 2^ houfe^'

ly convided before any two or more of the juftices of peace, or

before any other judge competent of the place fummarily, diall

for the nrft offence, fuffer imprifonment for the fpace of fix penalty.

months ; and for the fecond, or any fubfequent offence, being

thereof lawfoUy convi6ted before the court of jufticiary, or in

any of the circuit couns, (hall be adjudged to be tranfported,

and accordingly (hall be tranfported to fome of his Majefty's

plantations in America iot life; and in cafe any perfon adjudged

to be fo tranfported (hall return into, or be found in Great Brit"

ain, then every fuch perfon (hall fuffer imprifonment for life.

XXII. And be it further enacted by the authority afore(aid, parents, &c.
That if any parent or guardian (hall put a child or children un- fending cbill
der his care to any private fchool that (hall not be regiftered ac- deep to un-
cording to the direAions of this aft, or whereof the principal ??^fl-.
mafter or teacher Ihall not have regiftred the certificate of his '^■*^"» *^
having qualified himfelf as herein direAed, every fuch parent
or^ardian fo offending, and being thereof lawfully conviiSed
before any two or more juftices of peace, or before any other
judge competent of the phice fummarily, (hall, for the firft of- Penalty,
fence, be liable to fuffer imprifonment by the fpace of thr^
snonths; and for the fepond or any fubfequent offence, being

Vot.XVm, Mm tbcr^w

g^O Anno decimo nono GeoRGII II. c. 394 [174.

thereof lawfully convidled before the court of jufficiary, or in
any of the circuit courts, ihall fuffer icnprifonmait for thef|ace
of two years from thedate of fuchcoavidtion.

XXIII. Jnd whereas by an a£l pajfei in tbi parliament sfSat-^
land 9 in the year of our Lord one tboufani fix hundred and mmtf
three y all chaplains in families^ and governors and teachers ef ehii-
drcn and ycuth^ were obliged to take the oaths §f aOagianee and ajit-
ranee therein direct d: and there may he frmtdaubt^ whether by tkt
laws, as theyjiand at prefenty they art obliged t§ take aU tbi oaks
appointed to be taken by perfons in offices ofpMick trmft in Soodaod :
therefore be it enadted by the authority aforefaud. That fhm and
after the firft day of November y in the year of our, Lord one
thoufand feven hundred and forty fix, no perfon (hail cxcrcife
the employment, funcSlion^ or fervice of a chaplain, in any k*

Chaplaint.^c. tnily in that part of Great Britain czllcd Scotland^ or of agover-
in families to nor» tutor, or teacher of any child, children, or youth, refiding
take the oaths, j^ Scotland^ or in parts beyond the feas, without firft qualifying
himfelf, by taking the oaths appointed by law to be taken by
perfons in offices of publick truft, and caufing a certificate of ha
bcnti&end!^ having done fo to be entered or rcgiftcred in a book to be kept
- for that purpofe by the clerks of the (hires, ftewartries, or burghi

in Scotlandy where fuch perfon (hall refide ; qr in cafe of any
fuch governor, tutor, orteacber of any fuch child, children, or
youth, a(5ting in parts beyond the Teas, then in a book to be
icept for that purpofe by the clerk of the (hire, ftewanry, or
burgh, where the parent or guardian of fuch child, children, or
youth (hall refide. And if any perfon, from and after the Aid
fvcA dzy o( N(n/embery (hall prefume to exerci(e.tbe employment
JFundlion, or fervice of chaplain, in any family in Sc^tland^ orof
a governor or teacher of children, or youth, as aforefaid, wirii-
out having taken the faid oaths, and caufed the certificate of
his having duly taken the fame, to be regiftered, as is abovedi-
reded ; every perfon fo offending^ being thereof lawfully con-
yidted before any two or more juftices of peace, or before arty
other judge competent of the place fummarily, Ihall, for the
Penalty. g^^ offence, fuffer imprifonment by the fpace of fix months;

and for the fecond, or any fubfequent offence, being thereof
lawfully convi^fted before the court of jufticiary, or in any of the
circuit courts, fliall be adjudged to be bani(hed froon Great Bri-
tain for the fpDCC of fevcn years.

XXIV. Provided always. That it (hall be lawful for c\'cry
S^fbrVlfa^'"^" chaplain, fchoolmafter, governor, tutor, or teaclier of youtii,
laiw! &c. of who is of the communion of the church of Scotland^ inftead of
the church of the oath of abjuration appointed by law to be taken by perfons
Scotland. in offices civil or military, to take the oath direfted to be taken

by preachers and expectants in divinity of the e(labli(hed church
of Scotlandy by an aft pa(]^ed in the fifth year of the reign of Kii^
5 Geo. i.c.19. Qgr^jrgg the Firft, intituled, Jn aSf for making men effiOualthe
laws appointing the oaths for fecurity of the govtmment to be taken
by minijiers and preachers in churches and ntetting-beufes in Scotland,
and a certificate of bis having taken that oath, ihallj to all in*

6 tCDtl

174^0 Anno decimo nonoGEORGii 11. c. 39; 531

tents and purpofes, be as valid and effedual as the certificate of
his having taken the oath of abjuration above-mentioned ; and
he (hall be as much deemed to have qualified himfelf according
to law, as if he had taken the abjuration appointed to be taken
by peribnsin civil offices.

XXV. And be it funher cna<aed, That from and after the

faid firft day of Ndvember^ no perfon within Scotland {hall kccp^^^^ i^
or entertain any perfon or chaplain in any family, or as governor, ^^c. wh?have
tutor, or teacher of any child, children or youth, unlefs the not qualified,
certificate of fuch perfoas having taken the oaths to his Majef-
ty be duly r^iftered in manner above diredted ; and if any per-
fon (ball keep or entertain a chaplain in his family, or a gover«
nor, tutor, or teacher of any child, children, or youth under
his care, without the certificate of fuch chaplain, governor, tu-
tor or teacher's having refpeftively qualified himfelf, by taking
the oaths to his M^e(^, being duly regiftered in manner above-
mentioned, every fuch perfon fo ofiendins, being thereof law-
fully convidled before any two or more of his Majefty's jufiices
of peace, or before any other judge competent, (hall, for the
fird offence, fuffer imprifonment by the fpace of fix months ;
and for the fccond, or any fubfequent ofience, being thereof '^'^9'*
lawfully convicted before the court of jufticiary, or in any of the
circuit courts in Scotland^ (hall fuffer imprifonment by the fpace
of two years.

XXVI. And for the better preventing anjr private fchoolt
from being held or maintained, or any thaplain in any family,
or any governor, tutor, or teacher of any children or youtn,
from being employed or entertained contrary to the diredions

of this aa, be it further ena<5tcd. That the fherifFs of (hires, and Shcrifli, te.
ftcwartries, and magiftrates of burghs of Scotland, (hall be|^^^"|I^^
obliged, and are hereby required, from time to time, to make galnfk this
diligent enquiry within their refpedtive jurifdiAions, concerninj^ ad« &c.
any offences that (hall be committed againft this a6^, and caufe
the fame, being the firft ofTence, to be profecuted before them-
fdves ; and in cafe of a fecond, or fubfequent offence, to give
notice thereof, and of the evidence for proving the fame, to his
Majefty's advocate for the time being, who is hereby required
to proiecute fuch fecond or fubfequent offences before the court
of jufticiary, or at the circuit courts.

The End of the Eighteenth Folume.

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